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Due Process Overview


Due Process
Parents may request a due process hearing if they disagree with the identification, evaluation, educational placement, or provision of a free, appropriate, public education (FAPE) for a child with a disability. A due process hearing is a formal legal proceeding.



DUE PROCESS INFORMATION

Due Process Hearing Information Sheet and Hearing Request Form PDF

Hearing Timelines Under IDEA  PDF Document

Due Process Corrective Action Timelines PDF

Hearing Rights under IDEA  Get Acrobat

Combined OARs for Due Process  PDF Document
Oregon Administrative Rules for Due Process Hearings


DUE PROCESS ORDER LOGS
A complete listing of all due process hearing requests filed since 1999 and the orders issued.

Office of Administrative Hearings Interagency Agreement  PDF Document - 2007-2008

Amendment to the Office of Administrative Hearings Interagency Agreement  PDF Document - 2008-2009

Attorney Listing  PDF  Document
List of attorneys who represent parents and children in special education disputes.

Legal Services  PDF  Document
List of low cost legal services in Oregon.

Resolution Session Information Sheet and Form  (Word  MS Word Document |  PDF  PDF Document)


APPEAL INFORMATION

Record Preparation Guidelines
Guidelines for requesting and preparing record of due process for appeal.

OTHER OPTIONS

ALJ Settlement Conference
An ALJ settlement conference is an alternative to mediation for parties to a due process hearing. In an ALJ settlement conference, an administrative law judge facilitates a settlement process between the parties to a due process hearing.

ALJ Settlement Conference Q&A  pdf document
Request for ALJ Settlement Conference  pdf document
Agreement to Participate in Settlement Conference  pdf document

Advisory Opinion
The advisory opinion process. The parties give a brief presentation of their case and the administrative law judge issues a verbal, nonbinding opinion.

Advisory Opinion: Questions and Answers  pdf document
Request for Advisory Opinion by Both Parties  pdf document
Agreement to Participate in the Advisory Opinion Process  pdf document

LINKS

Comprehensive Dispute Resolution Guidance
Guía Comprensiva de Resolucíon de Disputas
Oregon Department of Education documents in English and Spanish


Contacts
  • Claudette Rushing Email    (503) 947-5689
    Special Education Data, Fiscal, Legal & Information - Education Specialist

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