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IDEA Due Process Hearings

  • OALP
  • Current: IDEA Due Process Hearings

Guide to IDEA Due Process Hearings conducted by OALP ALJs

Transition of IDEA Due Process Hearings from IDOE to OALP

IC 20-35-14, enacted by HEA 1380(2024), transferred IDEA Due Process Hearings jurisdiction from IDOE to OALP.

On July 1, 2025, Administrative Law Judges (ALJ) from the OALP will begin hearing all due process hearings related to the Individuals with Disabilities Act (IDEA) filed on or after July 1, 2025.  All due process hearings filed before July 1, 2025, will be retained by IHOs.

Overview

The following information is intended to explain OALP’s procedures of due process hearings related to IDEA matters. This information is not a substitute for an attorney's advice or intended to cover every possible part of the due process hearing procedure.

If requesting a due process hearing through filing a complaint with OALP, you will need to be completely familiar with the following statutes (IC) and regulations (Indiana Administrative Code or IAC) for your appeal:

For general resources related to IDOE’s Special Education Division:

You can find the laws and regulations in the following locations:

  • Online by clicking the links above
  • County courthouse law libraries
  • County public libraries.

IDOE will continue to maintain the publication of IDEA related final decisions and those can be found on IDOE’s website in the Hearing Decisions tab located at ichamp.doe.in.gov/publicDocLanding. You also can find the laws and regulations pertaining to IDOE and OALP on the Indiana General Assembly’s webpage at www.in.gov/legislative/ic_iac.

OALP Procedures and What to Expect at a Special Education Due Process Hearing

What is a Due Process Hearing?

A due process hearing is a formal legal proceeding where an Administrative Law Judge (ALJ) listens to both sides of a dispute about a child's special education services. It's like a trial specifically designed to resolve disagreements between parents and schools about special education.

Who Can Request a Due Process Hearing?

  • Parents, public agencies, and children who have reached the age of majority may request a due process hearing in accordance with the IDEA due process hearing provisions.  
  • Typically, parents are the first to file.
  • Parents can request a hearing when they disagree with:
    • The school's proposed or refused action regarding their child's identification for special education
    • Educational evaluations or reevaluations
    • The child's educational placement
    • The child's IEP or level of special education services
    • Any other matter involving the provision of a free appropriate public education (FAPE)
  • Public agencies (school districts) can also request a hearing when they disagree with:
    • A parent's refusal to consent to initial evaluation
    • A parent's refusal to consent to initial provision of special education services
    • A parent's refusal to consent to reevaluation
    • Other disputes where the agency believes a hearing is necessary to provide FAPE
  • Important distinctions:
    • Resolution meetings are only required when parents file complaints - not when public agencies file
    • Timeline differences: When public agencies file, the 45-day decision timeline starts when the parent receives the complaint (no 30-day resolution period)
    • Burden of proof: Whichever party requests the hearing has the burden of proving their case

Important Steps When Filing a Complaint with the OALP

  • You must file a complaint that includes specific information about your child and the issues related to special education services and the denial of FAPE as well as how it can be resolved.
  • Specifically, per 511 IAC 7-45-3, a complaint requesting a due process hearing shall include the following:
    1. Be in writing and signed;
    2. Include:
      1. the student’s name and address; or
      2. in the case of a homeless student, the student’s available contact information
    3. include the name of the school the student is attending
    4. specify the reasons for the hearing request, including:
      1. a description of the nature of the problem;
      2. any facts related to the problem;
    5. include a proposed resolution of the problem to the extend known and available to the part at the time; and
    6. be sent simultaneously to the opposing party as it is filed with
  • If you are represented by an attorney or advocate, an appearance form must be filed at the time of the petition is filed. OALP’s preferred appearance forms can be found here:
  • The complaint must be served on the other party (usually the school district) at the time it is filed with the OALP, the timeline begins upon receipt of the opposing party.

Filing A Complaint Requesting a Due Process Hearing

  • To file electronically - the preferred method is to file online using the electronic filing system (I-CHAMP) here (https://ichamp.doe.in.gov/), but you are not required to do so.
    1. Please note there will likely be delays in processing and accessing your case if you don’t use the electronic filing system.
  • You can also complete this form (PDF | Word) by mail, fax or hand deliver to:
    1. Office of Administrative Law Proceedings 
      100 N. Senate Avenue Suite N802, Indianapolis, IN 46204
    2. Fax: 317-232-8142
  • Never send complaints or other filings by email.
  • You have specific timelines to meet, so don't delay.

What Happens After Filing a Complaint

Assignment of a Cause Number

OALP will assign a cause number to the case. You must reference the cause number in all your communication with OALP.

Assignment of an Administrative Law Judge

  • Upon filing the appropriate documents with OALP, OALP will assign an Administrative Law Judge (ALJ) who is an independent adjudicator and has no connection to the parent or school district. The ALJ is trained in special education law and will make the final decision in the matter.
  • All administrative law judges must adhere to the Code of Judicial Conduct. The ALJ will keep all matters of the case confidential and between the parties, per Indiana Code § 4-21.5-3-11, so any communications between a party and the ALJ, including emails and phone calls, will be disclosed to both of the parties.
  • Note: At no time may a party talk to or communicate with the ALJ without all parties to the case being present or included in an email. Communicating directly with the ALJ without the other parties is called ex parte communication and it is prohibited to ensure that the ALJ remains impartial and to allow each party an opportunity to present their position in front of the other parties.

The Initial Notice of Assignment of ALJ and Order Setting Initial Pre-Hearing Conference & Case Management Deadlines

  • OALP will issue the Notice of Assignment of ALJ and Order Setting Initial Pre-Hearing Conference & Case Management Deadlines that will contain important information including:
    • The name of the ALJ assigned to the matter;
    • Initial Pre-Hearing Conference date, time, & telephone contact information to call into the hearing;
    • Case Management Deadlines;
    • The Due Process Hearing Deadline;
    • Other relevant information related to the case.

What Happens After Filing a Complaint and the Notice of ALJ Assignment

The Resolution Meeting

  • Within 15 days of receiving a complaint filing by the parent(s), the school must hold a resolution meeting with the parent(s)
  • The resolution meeting is a chance to discuss the issues and try to reach an agreement without a hearing
  • Parent(s) can waive this meeting if both parent(s) and the school agree in writing
  • If parties reach an agreement, either party can cancel it within 3 business days

Prehearing Conferences

  • The ALJ will hold an Initial Prehearing Conference and additional prehearing conferences before the actual hearing to:
    • Clarify what issues will be decided
    • Set timelines and hearing dates
    • Discuss your rights and the hearing procedures
    • Address any preliminary matters

Your Rights During the Process

You have the right to:

  • Be represented by a lawyer or advocate
  • Present evidence and witnesses
  • Cross-examine the school's witnesses
  • Have an interpreter if needed
  • Keep the hearing closed to the public (your choice)
  • Have your child attend the hearing (your choice)
  • Get a free written transcript of the hearing
  • Receive all school records about your child before the hearing

Discovery and Evidence

  • Both sides must share their evidence and witness lists at least 5 business days before the hearing, the ALJ might require more.
  • You can request documents and information from the school through the ALJ
  • Any evaluations you plan to use must be shared ahead of time

The Due Process Hearing - Setting and Atmosphere

  • Hearings are formal but less rigid than court trials
  • All testimony is given under oath
  • The hearing is recorded and transcribed
  • Only parties, their representatives, and witnesses (when testifying) may attend if the hearing is closed

How the Hearing Proceeds

  1. Opening Statements: Both sides briefly explain their position
  2. Witness Testimony: The side that requested the hearing presents their case first
    • Direct examination by the calling party
    • Cross-examination by the other side
    • Questions from the hearing officer for clarification
  3. Evidence Presentation: Documents and reports are introduced as exhibits
  4. Closing Arguments: Both sides summarize their case and legal arguments

Timeline Expectations

  • Standard Timeline
    • 45 calendar days from the end of the resolution period to receive the written decision
    • Resolution period is 30 calendar days from when the school receives your complaint
    • Extensions are rarely granted and only in specific circumstances
  • Expedited Hearings (for discipline cases)
    • Must be held within 20 school days
    • Decision must be made within 10 school days after the hearing
    • Resolution meeting must occur within 7 calendar days

The Decision - What the ALJ Decides

The hearing officer will issue a written decision that includes:

  • Findings of fact based only on evidence presented
  • Conclusions about whether your child was denied FAPE
  • Orders for what the school must do (if you win)
  • Notice of your right to appeal to court

Important Notes About the Decision

  • The decision is based only on evidence presented at the hearing, not on arguments by lawyers
  • Procedural violations by the school don't automatically mean you win - they must have harmed your child's education
  • The decision is final, but if  you disagree with the ALJ's decision, you have 30 days to file a lawsuit in federal or state court

Practical Considerations

Costs and Expenses

  • The hearing itself is free to you
  • You pay for your own attorney (but may recover fees if you win and go to court)
  • You receive a free transcript

Preparing for Success

  • Gather all relevant documents about your child's education
  • Identify witnesses who can support your case
  • Be prepared to explain specifically how the school's actions harmed your child
  • Understand what you want the school to do differently

During the School Year

  • Your child usually stays in their current placement during the hearing (called "stay-put")
  • The hearing doesn't stop your child's education - services continue

Getting Help

Representation Options

  • You can represent yourself, but special education law is complex
  • You can hire an attorney who specializes in special education
  • You can use an advocate (non-lawyer who knows special education)
  • Free or low-cost legal help may be available in your area

Key Things to Remember

  1. Act Quickly: There are strict deadlines for filing complaints and taking other actions
  2. Document Everything: Keep records of all communications and meetings with the school
  3. Be Specific: Your complaint must clearly describe the problem and what you want done
  4. Stay Informed: Understand your child's current IEP and services
  5. Focus on Educational Impact: Be prepared to show how the school's actions affected your child's education

Common Mistakes to Avoid

  • Filing a vague complaint that doesn't meet legal requirements
  • Missing deadlines for responses or evidence sharing
  • Trying to introduce evidence that wasn't properly disclosed
  • Focusing on procedural violations without showing educational harm
  • Not understanding the difference between what you want and what the law requires

This guide provides general information about due process hearings in Indiana. It is not legal advice. For specific guidance about your situation, consult with a qualified attorney or advocate familiar with special education law.