The Office for Special Education Programs (OSEP) has issued guidance to state education agencies concerning the timeliness of due process hearing request resolutions. OSEP has a long standing concern about the amount of time it takes to reach decisions in due process hearings. As a result, the new federal regulations issued August 14, 2006 instituted a 30 day resolution period after a
due process hearing request was filed. The districts and parents are to use the 30 day period to engage in resolution meetings and/or alternative dispute resolution (ADR) meetings. The data that has been collected by the Ohio Department of Education, Office for Exceptional Children shows that overwhelmingly districts and parents are waiting until after the 30 day resolution period to engage in ADR meetings. This obviously delays the scheduling of hearings and the issuance of decisions particularly if the ADR meetings are unsuccessful. Beginning immediately, if a resolution is not reached during the first 15 days (seven for expedited requests) the impartial hearing officer (IHO) will contact the parties immediately to begin the process of scheduling hearing dates. The goal is to reduce the amount of time that passes between the filing of the due process hearing request and the time a final decision is issued, while allowing meaningful dispute resolution to occur. The Office for Exceptional Children (OEC) views this change as an opportunity to resolve disputed issues for students with disabilities in the most expeditious manner possible. This may reduce costs for districts and parents, and will insure FAPE is being provided for students. Questions about this process may be directed to Procedural Safeguards in the Ohio Department of Education, Office for Exceptional Children at (614) 466-2650.Due Process Hearing Resolution Period - New Federal Regulations Issued
The Office for Special Education Programs (OSEP) has issued guidance to state education agencies concerning the timeliness of due process hearing request resolutions. OSEP has a long standing concern about the amount of time it takes to reach decisions in due process hearings. As a result, the new federal regulations issued August 14, 2006 instituted a 30 day resolution period after a
due process hearing request was filed. The districts and parents are to use the 30 day period to engage in resolution meetings and/or alternative dispute resolution (ADR) meetings. The data that has been collected by the Ohio Department of Education, Office for Exceptional Children shows that overwhelmingly districts and parents are waiting until after the 30 day resolution period to engage in ADR meetings. This obviously delays the scheduling of hearings and the issuance of decisions particularly if the ADR meetings are unsuccessful. Beginning immediately, if a resolution is not reached during the first 15 days (seven for expedited requests) the impartial hearing officer (IHO) will contact the parties immediately to begin the process of scheduling hearing dates. The goal is to reduce the amount of time that passes between the filing of the due process hearing request and the time a final decision is issued, while allowing meaningful dispute resolution to occur. The Office for Exceptional Children (OEC) views this change as an opportunity to resolve disputed issues for students with disabilities in the most expeditious manner possible. This may reduce costs for districts and parents, and will insure FAPE is being provided for students. Questions about this process may be directed to Procedural Safeguards in the Ohio Department of Education, Office for Exceptional Children at (614) 466-2650.
