A due process hearing is essentially a civil court proceeding where each side has the opportunity to present testimony, call on expert witnesses and provide evidence to support their case.
The independent hearing officer must:
The independent hearing officer must issue a written decision that includes any orders, if necessary.
If a parent or a school disagrees with the hearing officers’ decision, they can file a petition for judicial review with the civil court that has jurisdiction. Under Indiana law, that petition must be filed within 30 days of the IHO’s decision.
If an IHO sides with the parent, they can seek reimbursement for attorney’s fees through the civil court with jurisdiction within 30 days of the IHO’s decision. Parents will need a lawyer for this step, and most will hire a lawyer to assist with the due process proceeding as well. Parents are not entitled to financial compensation for damages — they’re only entitled to receive reimbursement for reasonable attorney’s fees.
If no appeal is filed, then the IHO’s decision is considered final. And any orders included in the decision must be implemented within 30 days.
IHO decisions are public record and available online in Indiana.
However, the vast majority of requests for due process in Indiana do not result in hearings. Most parents and schools settle the dispute before it reaches that stage. According to the Indiana Department of Education, settlement agreements between parents and schools are not submitted to the hearing officer and are therefore confidential.
Click on the below image to learn about a family's experience on this issue
Brandi said it took about a month after the hearing ended for the independent hearing officer to issue a ruling.
“I was driving from downtown [Indianapolis]. I was on [Interstate] 70. And I got the phone call. And I'm telling you, I promise you I have chills right now because I remember that phone call like it was yesterday. And the first thing I heard is: we won. And I had to pull over on 70 and just sobbed hearing that we won,” Brandi said.
Ultimately, the hearing officer ruled that the Carmel Clay schools hadn’t provided Caiden with a free, appropriate public education; his IEP was inadequate; and the school failed to consider other placements beside a residential one. The decision said the school had “predetermined” a residential placement and that such a placement was in violation of federal law because it did not provide an education for Caiden in the least restrictive environment.
Brandi said, as a result of the hearing, Caiden was able to remain at his current placement, Changing Lives Behavioral Analysis Services. The school was required to pay for 40 hours of services at that agency. Carmel Clay Schools was also required to provide Caiden with one-on-one instruction from a special education teacher two hours per day, four days per week. Additionally, he received six months worth of compensatory education services and was given two years to graduate.
“Everything we asked for we got, but it was finally the right and appropriate services. And he did nothing but thrive,” Brandi said.