Due process provides basic fairness and prevents wrongful deprivation of life, liberty, or property under the law. It serves two goals: producing accurate results through fair procedures, and making people feel the government treated them fairly by being heard. Due process requires notice of charges, standards of conduct, and a meaningful opportunity to rebut charges. It must be requested within one year and provide specific resolution information, with timelines and confidentiality applying to any hearing.

1. Due Process
William Allan Kritsonis, PhD

2.  The fifth amendment provides that “no
person…(shall) be deprived of life, liberty, or
property without due process of law; nor shall
private property be taken for public use
without just compensation.
 No State shall deprive any person of life,
liberty, or property, without due process of
law. (Fourteenth Amendment)
 Is essentially a guarantee of basic fairness.

3.  Serves two basic goals:
 One is to produce, through the use of fair
procedures, more accurate results: to prevent
the wrongful deprivation of interests.
 The other goal is to make people feel that the
government has treated them fairly by listening
to their side of the story.

4.  1. The government must provide notice of the
charges against you.
 2. The government must be able to show that
there is an articulated (non-vague) standard of
conduct which you are accused of violating.
 3. The government must provide you with an
opportunity to rebut their charges against you in
a meaningful way and at a meaningful time (the
“hearing requirements”).

6.  A request for Due Process must occur within one
year of the date you knew or should have known
about the problem for which you are requesting
the hearing.
 The timeline does not apply if you didn’t file
your request due to the school saying it had
resolved the problem or if the school kept
information from you that it was required to
provide.

7.  Specific information is required for your
request, including what you believe will
resolve the problem.
 Due process hearings are independent of the
Texas Education Agency. The TEA may not
influence the Hearing Officer’s decision in any
way.
 You should know that the school district WILL
be represented by an attorney.

8.  The Hearing Officer’s decision is a legal one and
can only be challenged through an appeal in state
or federal district court.
 You are not required to hire an attorney for a due
process hearing, but if you don’t , you will be
expected to represent yourself. You will need to be
very familiar with the laws and rules that apply to
your case.
 Again the school district will have an attorney.

9.  If the Hearing Officer rules in your favor it is
possible to get your attorney’s fees covered.
 There are clear timelines for the Due process
Hearing to resolve the conflict including a 30
day resolution period before a 45 day timeline
to issue the Final Decision. Due process is not a
quick fix to your conflict.

10.  Due Process hearings are confidential. The are
open only to those directly involved in the case.
 The party requesting the hearing will be
responsible for the “burden of proof.” If that is
the school district then they will have to show
proof.
 TEA legal staff can not offer you legal advice or
counsel in a Due Process matter. The can provide
general information about Due Process Hearings.

11.  The legally binding written Settlement
Agreement is a new requirement of IDEA 2004.
The Settlement Agreement makes the decision
of the due process hearing enforceable by a
federal court of law. It is intended to make
sure that the decisions made in due process are
honored by both parties.
 The bottom line know your School Law.