Skip to main content
  1. Life
  2. Education & Schools
  3. Special Learning Needs

Hearing decisions under IDEA

See also

The federal regulations for Individuals with Disabilities Education Act (IDEA) includes many provisions to protect the rights of parents and their child with a disability while also giving families and school systems means by which to resolve disputes. These rights are known as procedural safeguards. Parents have specific rights under this law regarding hearing decisioons under 34 CFR &300.513.
The decision of the impartial hearing officer or ALJ is based on the evidence regarding whether or not your child received a free, appropriate public education under IDEA. This decision is based on substantive grounds. This means that the decision is based on having firm evidence in reality and therefore it must be important, meaningful, or considerable.

In matters alleging a procedural violation, a hearing officer may find that your child did not receive a free, appropriate public education (FAPE) only if the procedural inadequacies:
1. Interfered with your child’s right to a free, appropriate public education (FAPE);
2. Significantly interfered with your opportunity to participate in the decision-making process regarding the provision of a free, appropriate public education (FAPE) to your child; OR
3. Caused a deprivation of an educational benefit.

An impartial hearing officer may order a school district to comply with the requirements in the procedural safeguards section of the federal regulations under Part B of the IDEA (34 CFR §§300.500 through 300.536) if they believe that the district has not followed the law.

An additional separate request for a due process hearing may be followed as nothing in the procedural safeguards section of the federal regulations under Part B of the IDEA (34 CFR §§300.500 through 300.536) can be interpreted to prevent you from filing a separate due process hearing request on an issue separate and different from a due process hearing request already filed.

The state department of education or the school district (whichever was responsible for the hearing) after deleting any personally identifiable information must provide the findings and decisions in the due process hearing or appeal to the state special education advisory panel as well as make those findings and decisions available to the public.
In upcoming articles, more information about the appeals process as well as attorney fees will be discussed.



  • Dead babies found
    Seven dead babies were found in Utah resident Megan Huntsman's old home
    Shocking Discovery
  • Kendall Jenner
    Get the Coachella looks: Kendall Jenner’s nose ring, green hair and edgy nails
    Coachella Look
  • Dog's Easter basket
    How to fill your dog’s Easter basket with the perfect toys
    Easter Basket
  • Rabbit owners
    Bringing home the bunny: Important information for rabbit owners
    7 Photos
  • Haunted island
    The world’s most haunted island may soon be the most haunted luxury resort
    Haunted Resort
  • Sunken ferry
    Search continues for missing passengers after a ferry sinks off the South Korean coast
    Sunken Ferry

User login

Log in
Sign in with your email and password. Or reset your password.
Write for us
Interested in becoming an Examiner and sharing your experience and passion? We're always looking for quality writers. Find out more about and apply today!