Due Process Hearings in Connecticut
How does due process work for IEP disputes in Connecticut?
Connecticut's due process hearing system is governed by Conn. Gen. Stat. § 10-76h and Conn. Agencies Regs. § 10-76h-1 through § 10-76h-14. Due process hearings address disagreements regarding identification, evaluation, educational placement, or the provision of FAPE. Either parents or LEAs may file a written due process complaint. Connecticut conducts due process hearings through an independent hearing officer appointed by CSDE — hearing officers must be knowledgeable about IDEA and not be employees of the LEA or CSDE (Conn. Agencies Regs. § 10-76h-5). Connecticut provides a 30-day resolution period after a complaint is filed, during which the district must convene a resolution session within 15 days (unless both parties waive). If not resolved, the hearing proceeds and the hearing officer must render a final decision within 45 calendar days after the resolution period ends. Connecticut's due process decisions are subject to appeal in state Superior Court (or federal court) within 90 days. NOTE: Conn. Gen. Stat. § 52-570d applies to telephone communications only, not in-person PPT meetings. District recording policies for in-person meetings vary.
What Connecticut Requires
Either parents or LEAs may file a written due process complaint regarding identification, evaluation, educational placement, or provision of FAPE (Conn. Gen. Stat. § 10-76h; 34 CFR 300.507).
The district must convene a resolution session within 15 days of receiving the due process complaint, unless both parties agree in writing to waive this session (34 CFR 300.510(a)).
Hearing officers must be knowledgeable about IDEA, impartial, and not employees of the LEA or CSDE (Conn. Agencies Regs. § 10-76h-5).
The final hearing officer decision must be issued within 45 calendar days after the end of the 30-day resolution period, unless an extension is granted (Conn. Agencies Regs. § 10-76h-10; 34 CFR 300.515).
NOTE: Conn. Gen. Stat. § 52-570d governs recording of telephone communications only and does not apply to in-person PPT meetings. District policies on recording in-person meetings vary — check with your district for local policy.
During a due process proceeding, the student remains in the current educational placement (stay-put) unless the parent and district agree otherwise (34 CFR 300.518).
Key Timelines
Resolution session must be convened within 15 days of receiving the due process complaint (34 CFR 300.510(a)).
30-day resolution period begins upon filing of the due process complaint (34 CFR 300.510).
Final hearing officer decision must be issued within 45 calendar days after the resolution period ends (Conn. Agencies Regs. § 10-76h-10).
Appeals to state Superior Court or federal district court must be filed within 90 days of the hearing officer's decision (Conn. Gen. Stat. § 10-76h(c); 34 CFR 300.516(b)).
Expedited hearings for disciplinary matters: decision within 10 school days of the hearing (34 CFR 300.532(c)(2)).