Case Types - OATH

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Case Types

Case Types


Case Types

OATH’s Special Education Hearings Division’s (SEHD) hears cases between parents of students with disabilities and the Department of Education (DOE). These cases are decided by Special Education Hearing Officers, also known as Impartial Hearing Officers (IHOs). The following are the most common types of cases that come before SEHD. This is not a complete list.

IDEA Cases: Special Education
IDEA Case: Disciplinary Removals of Students with Disabilities
Services for Students with Disabilities at Private Schools
Section 504 of the Rehabilitation Act

IDEA Cases: Special Education

SEHD hears cases filed under the Individuals with Disabilities Education Act (IDEA). IDEA cases can be about the identification, evaluation or educational placement of a student with a disability, or a student suspected of having a disability. They can also be about whether the student received a free appropriate public education (FAPE).

If the IHO finds that the DOE did not follow the law, the IHO has the power to order relief that is “equitable” or fair. Examples can include:

a change in disability classification,

compensatory or make-up services,

new evaluations, including independent educational evaluations

related services like speech-language therapy, occupational therapy, or physical therapy,

accommodations,

changes to a student’s Individualized Educational Program (IEP),

teacher training,

summer programming,

services after eligibility for special education services would normally end,

specialized transportation,

transition services,

parent training and counseling, and

payment for private school or private educational services.

IDEA Case: Disciplinary Removals of Students with Disabilities

SEHD also hears cases about discipline and removal of students with disabilities. These cases follow a shorter timeframe than other special education cases.

There are many types of discipline cases. For example, when a student with a disability is suspended or removed from school for more than 10 days, the DOE must hold a meeting to decide if the student’s behavior was a manifestation of their disability. The meeting is called a Manifestation Determination Review or MDR. When a parent disagrees with the result of the MDR, they can request a hearing.

Similarly, if the DOE believes that it is dangerous for a student with a disability to stay in their current educational placement, the DOE can ask a hearing officer to order an interim alternative educational setting.

Services for Students with Disabilities at Private Schools

OATH also resolves cases between the DOE and parents of students with disabilities who attend private schools. This includes students with disabilities who attend parochial or religious schools.

Parents can ask the DOE to create an individualized education service plan (“IESP”) that provides their child with special education services on an equitable basis. If a parent disagrees with the IESP or does not think the DOE is providing the student with appropriate services, OATH IHOs can resolve these disputes.

Section 504 of the Rehabilitation Act

Section 504 of the Rehabilitation Act of 1974 (“Section 504”) is another federal law. It prohibits discrimination against students or parents with disabilities. If parent or student believes the DOE has violated their rights under Section 504, they can ask an IHO to order the DOE to resolve the problem.