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Special Education Listserv

Subject: Due Process and Administrative Hearing Commission

Source: Bonnie Aaron, Director, Compliance                  

Intended Audience: Administrators of Special Education and stakeholders

Date: August 28, 2012

Recently enacted legislation, SB 595, changed the process for due process hearings.  Beginning today, August 28, 2012, any due process complaint filed will no longer be held by a three person hearing panel.  Instead, the cases will be heard by a single hearing commissioner employed by the Administrative Hearing Commission (AHC).  Due process complaints will continue to be filed with the Office of Special Education at the Department of Elementary and Secondary Education. 

A Due Process complaint form reflecting this new process is now available on the Department website  The form includes a Due Process Checklist explaining the steps in the process.