Family & Community Special Communities
Special Education Appeals

Due Process Hearings

How to request a hearing

Who may request a hearing

Information to be included in the hearing request

What issues may be addressed through a hearing

Scheduling a hearing date

Pre-hearing conference

Subpoena Authority

Transcripts

What happens at a hearing

Representation by an attorney or advocate

Hearing officers

Hearing decisions

Rules and regulations governing BSEA hearings

What happens at a hearing: A due process hearing is conducted by a hearing officer. At the hearing, each party has the opportunity to present evidence (through documents and the testimony of witnesses) to support its position. The parties also have the right to cross-examine witnesses and to submit rebuttal evidence.

In addition, the parties are afforded the opportunity to present oral and/or written argument to the hearing officer.

The hearing officer's decision is based upon the evidence submitted by the parties, and any relevant legal principles.