A parent must file a request for a due process hearing within one year of the date the district notified the parent of a decision. Schools must tell parents how to ask for a due process hearing. The form will ask for information on the problem and will ask for ideas to solve the problem. When DPI receives a request for a due process hearing, a hearing officer is named from a list. 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.