Impartial Due Process Hearings

Both parents and school districts may request an impartial due process hearing involving issues about the identification, evaluation, placement, or provision of a FAPE to a student. When either a parent or a district requests a due process hearing, the Office of Administrative Hearings (OAH) assigns an independent administrative law judge (ALJ) to conduct the hearing.  

A request for due process hearing must be made in writing. The request for a due process must contain the following written information:

• The name of the student.
• The address of the residence of the student (or available contact information in the case of a homeless student).
• The name of the school the student is attending.
• A description of the problem and the facts and events related to the problem.
• A proposed resolution of the problem, to the extent known and available to the party at the time.

The right to a due process hearing can be denied or delayed if the request does not include all of the information stated above. It is up to the party requesting the hearing to provide proof that the due process hearing request was provided to the other party. Any issues about whether or when the due process hearing request was received will be determined by the ALJ.

OSPI has developed a request for due process form which is available in multiple languages and is located on the forms page. The form may be requested from OSPI, Administrative Resource Services, OSPI Special Education Section, or from the school district. OSPI has also developed written instructions entitled Procedures and Timelines for Due Process Hearings, which addresses the required procedures and timelines associated with the hearing process.

The original request for a due process hearing must be provided to the other party. Parents who are requesting a hearing must provide the original request for a due process hearing to the superintendent of the school district. A copy of the due process hearing request must also be sent to OSPI, Administrative Resource Services at:

Office of Superintendent of Public Instruction
Attn: Administrative Resource Services
Old Capitol Building
PO Box 47200
Olympia, WA 98504-7200

A copy of the due process hearing request may be faxed to Administrative Resource Services at (360) 753-4201.

Once received, OSPI assigns each due process request a cause number and forwards a copy of the hearing request to OAH. OAH then appoints an ALJ who sends written confirmation of receipt to both parties.

When parents file a due process hearing request, districts are required to hold a resolution session with the parent to try to resolve the dispute. The due process hearing timelines do not begin until the resolution process occurs. An explanation of the resolution session is provided in the Notice of Procedural Safeguards and in the “Resolution Session Information Sheet”.

For non-discipline related due process requests, while the due process hearing is pending, a student must remain in his or her present educational placement until the completion of all the proceedings or unless the parties agree otherwise. An ALJ must issue a final decision not later than 45 days after the hearing time period begins. An extension of this time period can be granted by the ALJ at the request of either party.

When a due process hearing request involves disciplinary matters, the due process hearing is expedited. While a hearing involving discipline is pending, the student remains in the interim alternative educational setting until 1) the ALJ decision, or 2) the expiration of the disciplinary time period, whichever comes first, unless the parties agree otherwise. Expedited due process hearings must occur within 20 school days from the date the hearing is requested. The ALJ must issue a final decision within 10 school days after the hearing. You may refer to the Procedures and Timelines for Due Process Hearings Under IDEA 2004 instructions for more information about these timelines. (linked above)

Both parents and school districts may be accompanied and advised by an attorney, and/or by individuals with special knowledge or training with respect to the problems of children with disabilities. For parents seeking legal assistance, information can be obtained by contacting OSPI, Special Education at (360) 725-6075 or on the Legal Assistance List.