State Laws for Due Process Hearings under the Individuals with Disabilities Education Act III: The Pre-Hearing Stage

This article is the third in a triad of analyses of state law additions to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The first two articles of this series covered the hearing and post-hearing stages of IDEA DPHs. The purpose of this follow-up analysis is to supplement the earlier articles by canvassing state law provisions specific to the pre-hearing stage. After an introduction and overview of the literature, this article covers IDEA foundational requirements for DPHs, and then summarizes and codes the state law provisions that supplement the federal template.

As with the first two articles of the series, this final article provides a discussion of the results along with recommendations for future policymaking and scholarship.