Expedited Special Education Due Process Hearings Explained

What is a due process hearing?

A due process hearing is a legal proceeding that ensures fairness in the decision-making process regarding your child’s special education needs. As a parent, if you disagree with a proposed or refused action pertaining to your child’s education, you or the school district may initiate a due process hearing to resolve the disagreement.

What is an expedited hearing?

An expedited hearing is a hearing that is held quickly so that a situation can be addressed without undue delay. In an expedited hearing, the hearing must occur within 20 school days of the date the hearing is requested and the hearing officer must make his or her decision within ten school days of the close of the hearing. The parties involved in the hearing must exchange information to be presented as evidence at least two business days prior to an expedited hearing. An expedited hearing will be arranged when the following occurs:

• The school district thinks that keeping your child in the current placement is highly likely to result in injury to your child or to others and the school district wants to put your child in an interim alternative educational setting (IAES) for no more than 45 days;
• The school district does not want your child, who is placed in an IAES, to return to his or her original placement at the end of the 45 day period because it believes your child is likely to injure him/herself or others in that placement;
• You believe that the school district has improperly removed your child for more than ten consecutive school days;
• You believe that the school district has improperly removed your child for more than ten school days in a school year;
• You do not agree with the school district’s placement of your child in an IAES; or
• You do not agree with the manifestation determination.

Potential Outcomes

The hearing officer may order that your child be returned to the placement from which he or she was removed or placed in an interim alternative education setting for no more than 45 school days if it is determined that keeping your child in the current placement will more than likely result in injury to the child or to others. The hearing officer may not order a placement in an IAES for more than 45 school days at any one time. However, the school may ask for this process to be repeated.

Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry, and is widely regarded by both clients and legal professionals as a significant honor.

Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of: Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law and employment law matters in New York as well. 

If you have any questions about employment law or education law in Connecticut, or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.