Due Process Hearings in Arkansas
How does due process work for IEP disputes in Arkansas?
Arkansas due process hearings are governed by Ark. Admin. Code 005.18.10-001, §9.00 and §10.00. Parents or school districts may file a due process complaint with DESE's Dispute Resolution Section (DRS) regarding the identification, evaluation, educational placement, or provision of FAPE. The DRS manages the due process hearing system using independent hearing officers. A resolution session must be convened within 15 days of the complaint unless both parties waive it or proceed to mediation. If the complaint is not resolved within 30 days of the resolution session, the due process hearing may proceed. The hearing officer must issue a final decision within 45 days of the resolution period, though extensions may be granted. The statute of limitations for filing a due process complaint is two years from the date the parent or agency knew or should have known of the alleged violation (34 CFR 300.507(a)(2)). Arkansas uses an independent hearing officer system — hearings are NOT decided by DESE staff. Decisions may be appealed to state or federal court. Expedited hearings are available within 20 school days for discipline-related disputes.
What Arkansas Requires
Due process complaints must be filed with DESE's Dispute Resolution Section; either parents or school districts may file (Ark. Admin. Code 005.18.10-001, §9.00 and §10.00).
A resolution session must be convened within 15 days of receiving the complaint unless both parties agree to waive it or use mediation (34 CFR 300.510(a)).
If not resolved within 30 days of the resolution period, the due process hearing may proceed (34 CFR 300.510(b)).
The hearing officer must issue a final decision within 45 days of the expiration of the 30-day resolution period (34 CFR 300.515(a)).
The statute of limitations for filing a due process complaint is two years from the date the parent or agency knew or should have known of the alleged violation (34 CFR 300.507(a)(2)).
For discipline-related disputes, expedited hearings must be convened within 20 school days and a decision issued within 10 school days after the hearing (34 CFR 300.532(c)(2)).
Arkansas uses independent hearing officers managed by DESE's DRS; hearing officer decisions are binding and may be appealed to court (Ark. Admin. Code 005.18.10-001, §10.00).
Key Timelines
Resolution session within 15 days of complaint filing (34 CFR 300.510(a)).
If not resolved within 30 days of resolution period, due process hearing proceeds (34 CFR 300.510(b)).
Hearing officer decision within 45 days of the resolution period expiration (34 CFR 300.515(a)).
Expedited hearing within 20 school days; decision within 10 school days after hearing (34 CFR 300.532(c)(2)).
Two-year statute of limitations for filing (34 CFR 300.507(a)(2)).
Court appeal must be filed within 90 days of the hearing officer's decision (34 CFR 300.516(b)).