Schools usually have lawyers representing them at due process hearings. Schools can use experts from the school or can use any other expert to support the school's side. Parents may use a lawyer to represent them and their child at a due process hearing, or they may represent themselves at the hearing. Parents will usually do better if they have a lawyer. DPI will send parents a list of agencies who may provide a free or low-cost lawyer.
Parents can also use experts to help support their case.
The due process hearing includes witnesses, questioning and cross-examination, and presentation of evidence by both sides. At least five business days before a hearing, each side must tell what information they are going to present in the hearing. The hearing officer may subpoena and swear in witnesses. The hearing officer will direct the hearing and will decide how the hearing will be done. The hearing officer does not have to use statutory or common law rules of evidence.