Video Summary: Due Process Hearings

This video provides a brief overview of due process hearings. Due process hearings are the most common way to resolve differences between you (the parent or guardian) and your child’s school or school district. A due process hearing is effectively a trial, so we encourage you to have an attorney with you when you attend the hearing. You can represent yourself, but you should only do this if you understand the procedures of a trial and can argue your case in the correct manner.

At a due process hearing, an administrative law judge, appointed by the state, takes evidence, hears from witnesses, looks at records, hears arguments from both sides, and makes a decision regarding your case. You (or the school) can appeal that decision. If you file for a due process hearing, then you cannot file a state complaint or a complaint with the Office of Civil Rights (OCR) until the hearing is resolved. In the next section, we will look at the Code of Federal Regulations regarding due process hearings.

Legal Aid of Nebraska