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.

• 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

Contact:
ode.disputeresolution@ode.oregon.gov