Expedited Special Education Due Process Hearings Explained

What is a due process hearing?

A due process hearing is a legal proceeding that ensures fairness in the decision-making process regarding your child’s special education needs. As a parent, if you disagree with a proposed or refused action pertaining to your child’s education, you or the school district may initiate a due process hearing to resolve the disagreement.

What is an expedited hearing?

An expedited hearing is a hearing that is held quickly so that a situation can be addressed without undue delay. In an expedited hearing, the hearing must occur within 20 school days of the date the hearing is requested and the hearing officer must make his or her decision within ten school days of the close of the hearing. The parties involved in the hearing must exchange information to be presented as evidence at least two business days prior to an expedited hearing. An expedited hearing will be arranged when the following occurs:

  • The school district thinks that keeping your child in the current placement is highly likely to result in injury to your child or to others and the school district wants to put your child in an interim alternative educational setting (IAES) for no more than 45 days;
  • The school district does not want your child, who is placed in an IAES, to return to his or her original placement at the end of the 45 day period because it believes your child is likely to injure him/herself or others in that placement;
  • You believe that the school district has improperly removed your child for more than ten consecutive school days;
  • You believe that the school district has improperly removed your child for more than ten school days in a school year;
  • You do not agree with the school district’s placement of your child in an IAES; or
  • You do not agree with the manifestation determination.
Potential Outcomes

The hearing officer may order that your child be returned to the placement from which he or she was removed or placed in an interim alternative education setting for no more than 45 school days if it is determined that keeping your child in the current placement will more than likely result in injury to the child or to others. The hearing officer may not order a placement in an IAES for more than 45 school days at any one time. However, the school may ask for this process to be repeated. (A Parent’s Guide to Special Education in Connecticut).

This case was not handled by our firm. However, if you have any questions regarding this case, or any education matter, please contact Joseph Maya at 203-221-3100 or by email at JMaya@mayalaw.com.

If you have a child with a disability and have questions about special education law, please call the experienced Education Attorneys at Maya Murphy, P.C. at (203) 221-3100 or at JMaya@mayalaw.com.