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Due Process

From time to time differences of opinion regarding the education of a student arise. Differences may develop about the evaluation of a student, his or her eligibility for special education services, the placement of the student as well as the provisions of Free and Appropriate Public Education (FAPE). When differences of opinion occur and these differences cannot be resolved among the individuals involved, one way to solve them is through due process.

Due process is a broad term that provides multiple opportunities to resolve differences prior to engaging in an impartial due process hearing. Those opportunities may include mediation (also referred to as an AEA resolution facilitator process), a pre-appeal conference and/or a resolution conference. As the formality of the dispute resolution procedures increases, the Iowa Department of Education becomes involved. If no resolution can be reached between the individuals involved, a determination will be made by an administrative law judge at the conclusion of an impartial due process hearing.

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