Due Process Team
The Application Process for Mediators and Independent Hearing Officers has now closed for the 2007/2008 school year. If you would like for the Division of Exceptional Learners to consider you for future cohorts, an application to be considered as a potential due process hearing officer or mediator may be found by clicking here.
Due Process Responsibilities of the Division of Exceptional Learners
The Indiana Department of Education, Division of Exceptional Learners oversees special education due process activities throughout the state of Indiana. These activities include complaint investigations, due process hearings, and mediations.
If you would like an application to be considered as a potential due process hearing officer or mediator, please click here.
ComplaintsA complaint is a written, signed allegation of a procedural violation of federal or state statutes, regulations, rules, or constructions governing special education and submitted to the division of exceptional learners for investigation.
A due process hearing is a proceeding initiated by a student’s
parent, a public agency, or the state educational agency and is conducted
by an independent hearing officer when there is a dispute regarding any
of the following:
(1) The
identification or eligibility of a student for services under
the rules that govern special education.
(2) The appropriateness of the educational evaluation.
(3) The appropriateness of the student’s proposed or
current level of services or placement.
(4) Any other dispute affecting the provision of a free appropriate
public education to the student.
(5) Reimbursement for the provisions of these items.
Mediation is a voluntary process in which the parent and public agency
attempt, with the assistance of a trained impartial mediator, to resolve
a dispute that has arisen in the case conference committee regarding
any of the following:
(1) The identification
or eligibility of a student for services under the rules
that govern special education.
(2) The appropriateness of the educational evaluation.
(3) The appropriateness of the student’s proposed or
current level of services or placement.
(4) Any other dispute affecting the provision of a free appropriate
public education to the student.
(5) Reimbursement for the provisions of these items.
