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PROCEDURAL SAFEGUARDS: RESOLUTION MEETINGS AND DUE PROCESS HEARINGS - Regulations

15. Specify requirements for expedited resolution meetings and due process hearings requested pursuant to 34 CFR 300.532 (appeal of discipline action).

Whenever a hearing is requested under 34 CFR 300.532(a), the parents or the LEA involved in the dispute must have an opportunity for an impartial due process hearing consistent with the requirements of 34 CFR 300.507 and 300.508(a) through (c) and 34 CFR 300.510 through 300.514, except as provided in 34 CFR 300.532(c)(2) through (4).
[34 CFR 300.532(c)(1)]

The SEA or LEA is responsible for arranging the expedited due process hearing, which must occur within 20 school days of the date the complaint requesting the hearing is filed. The hearing officer must make a determination within 10 school days after the hearing.
[34 CFR 300.532(c)(2)] [20 U.S.C. 1415(k)(4)(B)]

Unless the parents and LEA agree in writing to waive the resolution meeting described in 34 CFR 300.532(c)(3)(i), or agree to use the mediation process described in 34 CFR 300.506:
  • A resolution meeting must occur within seven days of receiving notice of the due process complaint; and
  • The due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of the receipt of the due process complaint.
[34 CFR 300.532(c)(3)]

A State may establish different State-imposed procedural rules for expedited due process hearings conducted under this 34 CFR 300.532 than it has established for other due process hearings, but, except for the timelines as modified in 34 CFR 300.532(c)(3), the State must ensure that the requirements in 34 CFR 300.510 through 300.514 are met.
[34 CFR 300.532(c)(4)]

The decisions on expedited due process hearings are appealable consistent with 34 CFR 300.514.
[34 CFR 300.532(c)(5)] [20 U.S.C. 1415(k)(3)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. In your opinion, why do you think that timelines are different for an expedited due process hearing when disciplinary action is involved?


Application Questions

  1. What processes can be put in place for a State and LEA to track the different timelines for expedited due process complaints?


  2. What might school personnel and parents do to help the expedited hearing process move swiftly?

    These questions were developed by the following stakeholders working together:

    Role: General Education Administrator
    Location: California

    Role: Educational Consultant
    Location: Florida

    Role: Higher Education
    Location: Indiana

    Role: Administrator
    Location: Illinois

    Role: Special Education Administrator
    Location: Kentucky

    Role: Family Member
    Location: New Jersey

    Role: Teacher
    Location: West Virginia