Special education due process hearings in Illinois

Special Education Due Process Hearings

This article presents findings from an analysis of special education due process hearing decisions rendered in Iowa from July 1, 1989, through June 30, 2001. Detailed information regarding specific issues of dispute and prevailing party is presented, with an emphasis on differences in issues occurring at different grade levels and for gender. Results show that placement continues to be the most contentious issue overall; however, the most prevalent issues vary by grade level of the student. The most frequent issue named for students in elementary school was that of evaluation, for those in middle school it was suspension/expulsion, and for high school students it was placement. Boys were involved in hearings more frequently than were girls, except when the issue was methodology or related services. Districts prevailed most often overall, with 63% of decisions in their favor. Parents prevailed more frequently in issues of graduation and suspension/expulsion. Policy implications are discussed.

Due Process Hearing Systems Under the IDEA: A State-by-State Survey

The primary mechanism for dispute resolution under IDEA (Individuals with Disabilities Education Act) is a due process hearing. The total number of adjudicated hearings under IDEA has dropped from the high level during the latter part of the 1990s and the early part of the current decade. Yet relatively few jurisdictions, led by the District of Columbia and New York, account for the overwhelming majority of these decisions. This article presents the results of a state-by-state survey of the hearing officer system. This current “snapshot” identifies the key features, including (a) whether the system is one-tier or two-tiered; (b) whether the IHOs are part-time or full-time; (c) whether their legal background is primarily in law or special education; (d) which agency assigns them and its procedures for the assignment; and (e) what is the updated volume of adjudicated hearings—i.e., those conducted to completion resulting in a written decision.