Due Process Overview

Parents may request a due process hearing if they disagree with the identification, evaluation, educational placement, or provision of a free, appropriate, public education (FAPE) for a child with a disability. A due process hearing is a formal legal proceeding.

Due Process Information

• Due Process Hearing Information Sheet and Hearing Request Form
• Hearing Rights under IDEA
• Combined OARs for Due Process

  Oregon Administrative Rules for Due Process Hearings

• Hearing Timelines Under IDEA
• Resolution Session Information Sheet and Form
• Due Process Corrective Action Timelines
• Office of Administrative Hearings Interagency Agreement - 2007-2008
• Amendment to the Office of Administrative Hearings Interagency Agreement - 2008-2009
• Attorney Listing

  List of attorneys who represent parents and children in special education disputes.

• Legal Services

  List of low cost legal services in Oregon.

• Due Process Order Logs

  A complete listing of all due process hearing requests filed since 2008 and the orders issued.

Appeal Information

Record Preparation Guidelines
Guidelines for requesting and preparing record of due process for appeal.

Other Options

• ALJ Settlement Conference

  An ALJ settlement conference is an alternative to mediation for parties to a due process hearing. In an ALJ settlement conference, an administrative law judge facilitates a settlement process between the parties to a due process hearing.

  • ALJ Settlement Conference Q&A
  • Request for ALJ Settlement Conference
  • Agreement to Participate in Settlement Conference

• Advisory Opinion

  The advisory opinion process. The parties give a brief presentation of their case and the administrative law judge issues a verbal, nonbinding opinion.

  • Advisory Opinion: Questions and Answers
  • Request for Advisory Opinion by Both Parties
  • Agreement to Participate in the Advisory Opinion Process

Links

• Comprehensive Dispute Resolution Guidance

  Oregon Department of Education documents in English

• Guía Comprensiva de Resolucíon de Disputas

  Oregon Department of Education documents in Spanish

For more information on this topic contact Mike Franklin 503-947-5634.