An Analysis of Due Process Hearing Decisions for “§ 504-Only” Students

Many empirical analyses have tracked the trends for both the frequency and outcomes of due process hearing decisions under the IDEA. However, the literature entirely lacks any such analysis of due process hearing decisions under § 504. This gap in the literature is largely attributable to two overlapping factors: these decisions are much less numerous than those under the IDEA, and they are not publicly available. The purpose of this article is to address this gap in the professional literature through an exploratory analysis of the frequency and outcomes of due process hearings for § 504-only students.

Part I of this article provides a brief overview of the regulatory requirement for these hearings and the related legal authority concerning their jurisdiction and procedures. Part II reports the methodology and findings of this exploratory analysis. Part III discusses these findings, including their implications for practice and recommendations for further research.