Due Process Hearings in Alabama
How does due process work for IEP disputes in Alabama?
Alabama uses a state-level due process hearing system administered by the ALSDE (not a local school board). Hearing requests must be filed in writing with the State Superintendent of Education, Special Education Services, or emailed to dph@ALSDE.edu. Hearing officers must be licensed Alabama attorneys in good standing, must not have represented parties in any IDEA or educational dispute within the prior two years, and must have no personal or professional conflicts of interest. Key timelines: the LEA must convene a resolution meeting within 15 days; the resolution period is 30 days; the hearing officer must issue a written decision within 45 calendar days after the resolution period expires. Each party must disclose all evaluations and recommendations at least five business days before the hearing. During proceedings, the student remains in the current educational placement ('stay put') unless the state, LEA, and parents agree otherwise. Appeal from the hearing decision requires filing notice of intent within 30 days, then filing a civil action within 30 days of the notice. Attorney's fees may be awarded to prevailing parents.
What Alabama Requires
Due process requests must be filed in writing, signed, with the State Superintendent of Education (Special Education Services) at ALSDE, or emailed to dph@ALSDE.edu (Ala. Admin. Code r. 290-8-9-.08).
Hearing officers must be licensed Alabama attorneys in good standing, not have represented parties in IDEA disputes within two years prior, and have no conflicts of interest (ALSDE RFP 2026-04; Ala. Admin. Code r. 290-8-9-.08).
Parental rights at hearing include: legal representation, presenting evidence, cross-examining witnesses, obtaining written or electronic transcript at no cost, and having the child attend (Ala. Admin. Code r. 290-8-9-.08).
During proceedings, the student remains in the current educational placement ('stay put') unless the state, LEA, and parents agree to a different placement (Ala. Admin. Code r. 290-8-9-.08; 34 CFR 300.518).
The hearing decision must include: procedural history, findings of fact, issues presented, discussion and conclusions, list of exhibits, and appeal rights and timelines (Ala. Admin. Code r. 290-8-9-.08).
Courts may award reasonable attorney's fees to prevailing parents; fees are not awarded if the claim becomes frivolous or if a reasonable settlement offer was declined and the final decision was no better (Ala. Admin. Code r. 290-8-9-.08).
Key Timelines
Resolution meeting: must occur within 15 days of due process request (Ala. Admin. Code r. 290-8-9-.08).
Resolution period: 30 days from receipt of due process request (Ala. Admin. Code r. 290-8-9-.08).
Hearing officer decision: within 45 calendar days after resolution period expires (Ala. Admin. Code r. 290-8-9-.08).
Evidence disclosure: all evaluations and recommendations disclosed at least 5 business days before hearing (Ala. Admin. Code r. 290-8-9-.08).
Civil action appeal: notice of intent within 30 days of hearing decision; lawsuit within 30 days of notice (Ala. Admin. Code r. 290-8-9-.08).