What is a Special Education Due Process Hearing?
Basically, a due process hearing is held in the same way as a trial at the courthouse. The parties present evidence to the Hearing Officer who acts as both judge and jury. The due process hearing is independent of the Texas Education Agency and the TEA may not influence the Hearing Officer’s decision in any way. • What is a Special Education Hearing Officer? Back to Top A Special Education Due Process Hearing Officer (Hearing Officer) is in charge of the hearing, just like a judge is in charge of a trial. The Hearing Officer does not take the side of either party. The Hearing Officer is independent of the Texas Education Agency. The Hearing Officer runs the hearing, listens to the evidence and arguments of the parties, and writes a Final Decision and Order. The Hearing Officer also may have meetings before the hearing, give written orders, and generally control the hearing. See 19 TEX. ADMIN. CODE §89.1170. All Special Education Due Process Hearing Officers are licensed Texas attorneys
Related Questions
- Many students come into primary school from preschool special education with a label of Developmental Delay – how does this process relate to making the decision on disability at age six?
- Can a complainant file a complaint and request a due process hearing at the same time?
- What is a Special Education Due Process Hearing?
