Hearings, Expedited Proceedings, and Appeals

When a due process complaint is not resolved, an impartial hearing officer determines the issues properly before the hearing. Some discipline disputes use expedited procedures with different timelines and placement rules. Special Education Services (SES) provides Alabama’s hearing procedures; LEAs should distinguish ordinary hearings from expedited discipline proceedings at intake.

• [34 CFR §§300.511–300.516, impartial hearing, rights, decisions, and civil action  https://sites.ed.gov/idea/regs/b/e/300.511 

• [34 CFR §300.518, child’s status during proceedings  https://sites.ed.gov/idea/regs/b/e/300.518 

• [34 CFR §§300.530–300.537, discipline procedures  https://sites.ed.gov/idea/regs/b/e/300.530 

• [34 CFR §300.532, expedited discipline appeal  https://sites.ed.gov/idea/regs/b/e/300.532 

• [34 CFR §300.533, placement during expedited appeal  https://sites.ed.gov/idea/regs/b/e/300.533 

• Alabama Administrative Code, Chapter 290-8-9

At an ordinary hearing, preserve and organize the student’s evaluations, IEPs, notices, service logs, communications, and other relevant evidence. Parents have rights concerning access to records, disclosure of evaluations and recommendations, presentation of evidence, a record of the hearing, and written findings and decision under IDEA. Follow the hearing officer’s scheduling orders and applicable advance-disclosure requirements.

Ordinarily, the child remains in the then-current educational placement during the pendency of a due process proceeding unless the parent and public agency agree otherwise. Important exceptions apply, including discipline appeals, initial admission, and transition from Part C to Part B; review §300.518 and §300.533 before advising staff on a particular student’s placement.

A parent may seek an expedited hearing to challenge a disciplinary change of placement or manifestation determination. An LEA may seek one if it believes maintaining the current placement is substantially likely to result in injury to the child or others. In an expedited proceeding, the hearing must occur within 20 school days of filing, and the hearing officer must decide within 10 school days after the hearing. A resolution meeting must occur within seven calendar days of receipt of notice unless waived or replaced by mediation; the expedited hearing may proceed unless the matter is resolved within 15 calendar days. These expedited timelines cannot be extended.

During an expedited discipline appeal, the child generally remains in the interim alternative educational setting pending the hearing officer’s decision or until the applicable disciplinary placement period ends, whichever comes first, unless the parties agree otherwise. Do not apply the ordinary stay-put rule without checking this exception.

A party aggrieved by a final hearing decision may bring a civil action in state or federal court under §300.516. IDEA provides a 90-day filing period unless state law sets a different period. Implement final decisions and required remedies as directed; consult current Alabama hearing procedures and agency counsel about any appeal and its effect on implementation.

• Applying ordinary hearing timelines to an expedited discipline appeal

• Assuming every pending appeal keeps the child in the pre-discipline placement

• Missing the different calendar-day and school-day deadlines

• Treating a hearing decision as a recommendation rather than a binding determination subject to available review

ALSDE Dispute Resolution  https://www.alabamaachieves.org/special-education/dispute-resolution/  current Due Process Hearing Procedures and IDEA Dispute Resolution Comparison Chart.