IDEA Due Process Hearing
Pursuant to the IDEA and implementing Montana law, parents or school districts may file a request for a due process hearing with the Superintendent of Public Instruction regarding disagreements related to the identification, evaluation or educational placement of a student with a disability, or the provision of a free and appropriate public education (FAPE). A due process hearing is a formal legal process. Upon the filing of the request for a due process hearing, OPI will provide the parties with a list of three potential impartial hearing officers and a summary of their qualifications. The parties will rank the order of the individuals based on preference and the Superintendent of Public Instruction will appoint the hearing officer from the names ranked by the parties.
When a parent files a due process complaint, a resolution meeting must be convened by the school district within 15 days of the request for due process. The resolution meeting allows parents and school districts the opportunity to try and resolve the dispute before the hearing. If the matter has not resolved the complaint within 30 days of the request for a due process hearing, this marks the end of the resolution period. The resolution meeting may be waived, if both parties agree in writing or the parties agree to use the mediation process.
The hearing officer will conduct the hearing. Parties or their attorneys will have the right to the present evidence and confront and cross examine witnesses. The hearing officer is to render, in writing, findings of facts and conclusions of law regarding the matters at issue, within 45 days after the end of the resolution period, unless there has been a specific extension of time. The hearing officer’s decision is legally binding on the parties, unless the decision is appealed to state or federal court.
Although parents or school districts are not required to use OPI’s form to request a due process hearing, one is available to assist individuals in filing a request that meets all of the requirements. For more information or to request a due process hearing form, please contact the Dispute Resolution Office for Special Education at (406) 444-2046.
Other Resources:
IDEA Special Education Part B Procedural Safeguards Notice (see pages 10-13)
CADRE Parent Guide IDEA Special Education Due Process Complaints/Hearing Requests
CADRE Parent Guide IDEA Special Education Resolution Meeting
Montana IDEA Special Education Dispute Resolution Comparison Chart