Pre-hearing disclosure:

5 days before the hearing and as a requirement according to IDEA, both parties (the school and the parent/guardian of the student), exchange a list of witnesses and copies of any written exhibits. This includes relevant evidence of letters, test results and evaluations. Please note that even informal notes that a witness brings might be considered a written exhibit. All witnesses and/or evidence must be dislosed prior to the hearing or else the hearing officer may not allow it to be presented during the hearing.

Step 1. Introduction by the hearing officer:

At the hearing, the hearing officer introduces everyone and gives an overview of the what the hearing is about and explains the rules of the hearing. The officer will read through the list of witnesses and written exhibits and confirm each one.

Step 2. Student presents its opening statement:

If you have retained an attorney, then the attorney will give a brief opening statement explaining the student's situation. Moreover, the attorney will explain what the evidence will show and why the hearing officer should decide in your favor. However, if you have not retained an attorney, then you will be the one making the statement.

Step 3. School presents its opening statement:

The school district’s attorney will give an opening statement, explaining the school’s side of the dispute. Usually the length of time is between five to fifteen minutes.

Step 4. Student presents its case:

The attorney or you will call the first witness and ask questions. Evidence may be shown to the witnesses and questions will be asked of them to discuss it. Evidence maybe a medical report or a letter, etc. Cross-examination of the witness may occur just as it would in a regular trial. After the questioning by both your attorney and the opposing party, the next witness will be called for questioning. Establishing supporting facts is the goal of this process.

Step 5. The School presents its case:

The same procedure will occur as it did for the Student. The School's attorney will present witnesses and evidence and you or your attorney will have a chance to cross-examine them.

Step 6. Student's closing argument:

You or your attorney will give a summary of your arguments about why the student should win the case.

Step 7. School’s closing argument:

The school’s attorney will give their closing argument.

Step 8. Adjournment:

The hearing officer ends or adjourns the hearing after the closing arguments are made and may ask the student and the school to submit legal documents after the hearing that summarize the evidence and arguments.

Step 9. Post-hearing decision:

After the hearing the student will receive a written decision from the hearing officer. The timeframe of receipt of the decision depends on the events that occured during the due process hearings and the decision will include “findings of fact.” These are the officer’s decisions on any “facts” that you and the school disagreed about.

Step 10. Appeal:

The hearing officer's decision may be one of 3 decisions:

1. Split decision
2. In the Student's favor or
3. In the School's favor.

Either the student or the school may appeal the decision of the hearing officer. Appealing the hearing officer's decision must be done within 90 days of when the decision is issued.