How does a due process hearing come about?
After an impasse is reached between the parties, one of them will request a due process hearing. The Department of Education will then assign an Independent Hearing Officer (IHO). This person is an administrative law judge who is generally very knowledgeable about education-related issues. The hearing officer and the parties will solidify what the issues are to be determined at a hearing, decide on the dates for the hearing and decide whether the hearing should be open (allowing the public in to observe) or closed (meaning only the parties and their witnesses will be allowed to observe). At the hearing, the parents generally present their evidence and witnesses first and then the school will present its case. At the conclusion of the testimony, the hearing officer will issue a decision. How do appeals work? Either side can appeal the hearing officer’s decision. In most other states, there is no second-tier review, and either party can file an appeal directly to state or federal court,
