Due Process is a more formal and adversarial method for litigating disputes in Special Education.  Both schools and parents may file for Due Process.  Due Process Hearings look back 24 months. Parents may request their child be allowed to "Stay Put" in the current placement while the dispute is being resolved.  

     Before the hearing begins, parties must meet in a resolution session to make a good faith effort to resolve the dispute informally within 15 days after the complaint is filed.  Parties may opt to use a mediator/mediation in place of a resolution session.

     A Due Process hearing involves an impartial due process hearing officer acting as a judge.  Hearings often last 3-5 days and often take place in school district offices. Due process hearings almost always involve attorneys due to the court-like nature of the proceedings, which include the following:

• attending pre-hearing conferences,

• filing motions and responses,

• making objections,

• calling witnesses and submitting exhibits at the hearing,

• making opening and closing arguments,

• having knowledge of substantive laws and procedural rules, and

• adhering to IDEA timelines and orders from the hearing officer.  

This can result in significant attorney’s fees.  

     Hearing officers have 45 days after the resolution session has taken place (or waived) to hold the hearing and issue a legally reasoned decision.  Unfortunately, the process in Utah does not frequently adhere to this deadline.  Decisions made as a result of Due Process can be appealed to federal and state court.  If Parents prevail in Due Process, most attorney fees can be reimbursed (in court).