Special Education Due Process Hearings - Expedited (511 IAC 7-45-10)

Posted: Fri, 09/02/2011 - 10:18am Updated: Fri, 12/12/2014 - 11:09am

What disagreements can be addressed in an expedited due process hearing?

  • If a student's parent(s) requests a due process hearing because he or she disagrees with the school's decision about changing the student's placement due to disciplinary action;
  • If a student's parent(s) requests a due process hearing because he or she disagrees with the school's decision about whether a student's behavior is a manifestation of the student's disability; or
  • If the school believes that putting a student back in his or her currect placement would be dangerous for the student.

What must be included in all requests for due process hearing?

  • The request must be in writing, either a letter or Expedited - Request for Due Process Hearing form (form may be completed electronically, but must be printed and have a handwritten signature);
  • Include the parent's name, address and telephone number;
  • Include the student's name and address (if different from parents);
  • Include the name of the school corporation and school the student attends;
  • Specify the reasons for the hearing request including:
    • a description of the nature of the problem;
    • any facts related to the problem; and
    • a proposed resolution of the problem.

The request must be sent simultaneously to:

  • Superintendent of Public Instruction
    Indiana Department of Education
    Office of Legal Affairs
    115 W Washington St., South Tower Ste 600
    Indianapolis, IN 46204
  • Superintendent of the School Corporation or Charter School that the student attends.

The request may be mailed or hand delivered to Indiana Department of Education (Office of Legal Affairs) and School Corporation or Charter School. If faxed, the original request must be mailed the same day to the department and the school corporation or charter school.

Timelines for a expedited due process hearing

What happens after a request is made for an expedited hearing?

  • An Independent Hearing Officer (IHO) is appointed.
    • The Superintendent of Public Instruction appoints the IHO and sends a written notice about the IHO to the parent(s) and the public agency.
    • "Expedited" means the hearing and the activities leading up to the hearing happen sooner than in a regular hearing, so review the timelines (above) for expedited hearings.
  • The school must provide the parent(s) with information on free or low-cost legal or other relevant services that might be available.
  • After the hearing, the IHO puts his/her decision in writing and gives a copy to the parent(s) and the public agency.

For questions regarding Special Education Due Process:

Office of Legal Affairs
Telephone: (317) 232-6676
Facsimile: (317) 232-0744
Email: legal@doe.in.gov
Mailing address:
South Tower, Suite 600
115 W. Washington Street
Indianapolis, IN 46204