Kentucky Department of Education

 

Due Process Hearings

Last Updated on Thursday, January 28, 2010 at 5:04 AM

A due process hearing is an adversarial process in which a hearing officer resolves IDEA disagreements between parents and the school districts.  The hearing may be requested on any matter involving:

* Identification

* Evaluation

* Educational placement and services, and

* The provision of a  Free Appropriate Public Education (FAPE)

 A due process hearing must be requested in writing and must be filed within three (3) years of the date the parent or district knew or should have known about the issue.  State statute sets out three (3) exceptions to the time limit, all related to omissions or misrepresentations by the school district.

Before a hearing may be held, the parties are required to hold a Resolution Meeting so that the district has an opportunity to resolve the dispute that led to the hearing request.  The Resolution Meeting is not held if the parties agree to Mediation or if the parties agree to waive the meeting.

Link to the Due Process Hearing Requrest form:

 

Due Process Hearing Request.doc (Word format)

Due Process Hearing Request.pdf (Adobe format)

 

Link to Resolution Sessions: A Parent Handbook

http://www.directionservice.org/cadre/resmtgdoc.cfm

 

 

For additional information regarding Due Process Hearings, please contact Kevin Brown at 502-564-4474.

 

For more information contact:

Sammie Lambert
500 Mero Street, 8th Floor CPT
Frankfort, KY 40311
Phone: (502) 564-4970
Sammie.Lambert@education.ky.gov

2009-10 Hearing Decisions

Agency No 0708_08 and 0708_14.pdf