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Due Process Hearings

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When a due process hearing is requested, many requirements and rights are initiated. This can be stressful process-timelines must be met and attorneys are typically involved. Additionally, a resolution meeting must be offered within 15 days of a request being received by all parties. The following information is intended to help the reader understand this process better.

 

Model Request Form

The following form is one way to file an official due process hearing request with the state:

Model Form - Due Process Complaint Hearing

 

Options Prior to a Hearing

When a hearing is requested, a resolution meeting or a mediation are two ways to resolve a problem without having to go to a hearing. The following document helps clarify the resolution session and mediation options:

 Ways to Resolve Differences After a Hearing Request

 

Resolution Meeting

A resolution meeting must be held within 15 calendar days of the school district and AEA receiving notice of due process complaint, unless both parents and school waive that right. A brochure that explains this meeting in more detail can be found at: http://alturl.com/e7vys

If the parents, school district, and AEA agree to hold a resolution meeting, this is the form that would need to be completed:

Agreement to Hold Resolution Meeting

 

Tips for a Resolution Meeting

The following materials provide tips for conducting a resolution meeting and includes commonly asked questions:

Tips for LEA-AEA When Conducting a Resolution Meeting

 

State Rules

The following attachment contains a section of the Iowa Administrative Rules of Special Education which explains due process hearings according to state law:

Selected Rules on Due Process Complaints and Due Process Decisions

 

Due Process Decisions

View due process decisions by clicking on the following link:

https://www.edinfo.state.ia.us/web/appeals_float.asp?aptype=se

 

Printed from the Iowa Department of Education website on April 19, 2014 at 1:06pm.