You may request a due process hearing for your child with a disability:

• When the school decides that your child’s behavior does not stem from their disability at the manifestation determination review;
• When the school places your child in an interim alternative educational setting, or alternative school, for up to 45 school days.

Your rights before the due process hearing:

• You have the right to see your child’s school records;
• The school district must tell you about of free or low-cost legal and other services if you ask for this information;
• You have a right to ask that your case be heard by a different hearing officer than the one appointed. To request a different hearing officer, you must make your request in writing to the Illinois State Board of Education within 5 days after you received notice of the appointment of the hearing officer;
• You have a right to get copies of evidence the school will present at the hearing at least 5 days before the hearing. You must give the school copies of any evidence you plan to bring to the hearing at least 5 days before the hearing;
• You have the right to request an interpreter for the hearing.

Your rights at the due process hearing:

• You have the right to bring a lawyer or advocate to the hearing;
• You have the right to bring witnesses and evidence;
• You have the right to cross-examine the school’s witnesses;
• You have the right to bring your child to the hearing;
• You have the right to object to the school including evidence if the school did not tell you about the evidence at least 5 days before the hearing;
• You have the right to request an interpreter for the hearing.

Your rights after the due process hearing:

• You have a right to a copy of the record from the hearing;
• You have the right to appeal the hearing officer’s decision to state or federal court. You must appeal within 90 days from the date of the hearing officer’s decision according to federal law, and 120 days from the date of the hearing officer’s decision, according to current state law.