IDEA Expedited Due Process Hearing
An expedited due process hearing is a special type of due process hearing which may be requested only in certain situations that relate to discipline and disagreement with the educational placement of a student with a disability. If a parent disagrees with a placement decision made as a result of a manifestation determination regarding a student’s discipline, or if the Local Educational Agency (LEA), also known as the school district, believes maintaining the current placement is substantially likely to result in injury to the child or others, an expedited hearing may be requested. The Montana Superintendent of Public Instruction will appoint an expedited due process hearing officer without input from the parties involved in the hearing. When a parent files a request for an expedited due process hearing, a resolution meeting must be convened by the LEA within 7 calendar days. The resolution meeting allows parents and LEAs the opportunity to resolve the dispute before the hearing. If the matter has not been resolved within 15 calendar days of the request for an expedited 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 must occur within 20 school days from the date the complaint was filed, and the hearing officer must render a decision no later than 10 school days after the conclusion of the expedited hearing. The hearing officer’s decision is legally binding upon the parties, unless the decision is appealed to state or federal court.
Although OPI’s form to request an expedited due process hearing is not required, one is available to assist individuals in filing a request. For more information or to request an expedited 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 15-16)
CADRE Parent Guide Expedited Due Process Hearing Request
Montana IDEA Special Education Dispute Resolution Comparison Chart