What Rules Apply to Your State?
For Part C due process complaint and hearings, states have the option to adopt either Part C or Part B of the IDEA procedures. CADRE has developed two different guides to address the different rules. To determine which due process family guide is appropriate for your state, see below. CADRE will make every attempt to keep this information current. Please contact your State Education Agency for the most up-to-date information regarding state rules and regulations.
States that have adopted Part B procedures for Part C due process complaints and hearings:
District of Columbia
* Indicates a state that, in the case of an appeal of a hearing decision, has a state-level review process. In other states, appeals would be made to state or federal court.
States that have adopted Part C procedures for Part C due process complaints and hearings:
|Missouri||Montana||Nebraska||New Hampshire||New Jersey|
|New Mexico||New York||North Carolina||North Dakota||Pennsylvania|
|Rhode Island||South Carolina||Texas||Utah||Virginia|
|Virgin Islands||Washington||West Virginia||Wisconsin||Wyoming|
Qualifications of a Hearing Officer
A hearing officer must have knowledge about the provisions of Part C and the needs of, and early intervention services available for, infants and toddlers with disabilities and their families. The hearing officer cannot be an employee of the lead agency or an early intervention provider involved in the provision of early intervention services or care of the child and cannot have a personal or professional interest that would conflict with his or her objectivity in implementing due process hearing procedures.
- At a minimum, a hearing officer must not be:
- An employee of the state lead agency or the EIS provider that is involved in the early intervention services or care of the infant or toddler; or
- A person having a personal or professional interest that conflicts with the person’s objectivity in the hearing;
- A hearing officer must possess:
- Knowledge of, and the ability to understand, the provisions of IDEA, Federal and State regulations pertaining to IDEA, and legal interpretations of IDEA by Federal and State courts;
- The knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and
- The knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice.
- Each state lead agency must keep a list of the persons who serve as hearing officers. The list must include a statement of the qualifications of each of those persons.
Responsibilities of a Hearing Officer
- Listen to the presentation of relevant viewpoints about the due process complaint;
- Examine all information relevant to the issues;
- Seek to reach a timely resolution of the due process complaint; and
- Provide a record of the proceedings, including a written decision.
Parents' Rights at a Due Process Hearing
- To be accompanied and advised by counsel and by individuals with special knowledge or training with respect to early intervention services for infants and toddlers with disabilities;
- To present evidence and confront, cross-examine, and compel the attendance of witnesses;
- To obtain a written or electronic verbatim transcription of the hearing at no cost to you;
- To receive a written copy of the findings of fact and decisions at no cost to the parent; and
- To review any evidence that will be presented at least five business days before the hearing.