Due Process Hearings in Indiana
How does due process work for IEP disputes in Indiana?
Indiana's due process hearing procedures are governed by 511 IAC 7-45-3 through 7-45-7 and IC 20-35-14. A due process hearing may be filed by a parent, a student of legal age, the school corporation, or IDOE to resolve disputes regarding identification, evaluation, educational placement, or the provision of FAPE. As of July 1, 2025, pursuant to IC 20-35-14, due process hearing requests are processed by the Office of Administrative Law Proceedings (OALP), with independent Administrative Law Judges (ALJs) conducting hearings — replacing the prior IDOE hearing officer system. The due process complaint must include a description of the disputed issues, a proposed resolution, and be sent simultaneously to the opposing party. A resolution meeting must be convened within 15 days of the hearing request, with a 30-day resolution period; parties may agree to waive the resolution meeting or substitute mediation. Final hearing decisions must be issued within 45 calendar days after the expiration of the resolution period. Parents must file within two years of the date they knew or should have known of the disputed action (34 CFR 300.507(a)(2)). Resolution agreements are binding and enforceable in state or federal court. Expedited hearings for disciplinary IAES disputes must be resolved within 20 school days.
What Indiana Requires
Due process hearings address disputes regarding identification, evaluation, placement, or FAPE; requests may be filed by parents, students of legal age, the school, or IDOE (511 IAC 7-45-3).
As of July 1, 2025, due process hearings are conducted by independent ALJs at OALP pursuant to IC 20-35-14 — replacing prior IDOE hearing officer procedures.
The due process complaint must describe the disputed issues, include a proposed resolution, and be served on the opposing party simultaneously with filing (511 IAC 7-45-3).
A resolution meeting must be convened within 15 days of the hearing request; the resolution period is 30 days (34 CFR 300.510(a)).
Parties may agree in writing to waive the resolution meeting or substitute mediation for it (34 CFR 300.510(a)(3)).
Final hearing decisions are issued within 45 calendar days after expiration of the 30-day resolution period (34 CFR 300.515(a)).
Key Timelines
Filing deadline: within two years of when the party knew or should have known of the action (34 CFR 300.507(a)(2)).
Resolution meeting: within 15 calendar days of hearing request (34 CFR 300.510(a)).
Resolution period: 30 calendar days (34 CFR 300.510(b)).
Final decision: within 45 calendar days after the resolution period expires (34 CFR 300.515(a)).
Expedited hearings for disciplinary IAES disputes: decision within 20 school days of filing (34 CFR 300.532).
Appeals of ALJ decisions: filed in state or federal district court within 90 days of decision (per federal baseline).