Due Process Hearings in Kansas
How does due process work for IEP disputes in Kansas?
Kansas provides a due process hearing system under K.A.R. 91-40-44 and K.S.A. 72-3414 as a means for parents or school districts to resolve disputes about the identification, evaluation, educational placement, or provision of FAPE to a student with a disability. Due process complaints must be filed with KSDE and must include specific information about the student, the nature of the problem, and the proposed resolution (K.A.R. 91-40-44; 34 CFR 300.508). Kansas uses impartial hearing officers who are independent of both KSDE and the school district. The party filing the complaint must provide notice to the other party. A resolution meeting must be held within 15 days of the due process filing, and parties may reach resolution within 30 days to avoid a hearing (K.A.R. 91-40-44; 34 CFR 300.510). If unresolved, the hearing must be scheduled and a final decision issued within 45 calendar days after the resolution period ends (K.A.R. 91-40-44; 34 CFR 300.515). Either party may appeal the hearing officer's decision to state court or federal district court. During the pendency of due process proceedings, the student remains in the current educational placement (stay-put) unless the parties agree otherwise or disciplinary procedures apply (K.A.R. 91-40-44; 34 CFR 300.518).
What Kansas Requires
Due process complaints must be filed with KSDE and include the student's name, address, school, description of the problem, and proposed resolution (K.A.R. 91-40-44; 34 CFR 300.508(b)).
A resolution meeting must be held within 15 calendar days of filing, giving the district an opportunity to resolve the complaint (K.A.R. 91-40-44; 34 CFR 300.510(a)).
Hearing officers must be impartial and not employees of KSDE or the school district (K.A.R. 91-40-44; 34 CFR 300.511(c)).
During due process proceedings, the student remains in the current educational placement (stay-put) unless parties agree otherwise (K.A.R. 91-40-44; 34 CFR 300.518).
Either party may appeal the hearing officer's decision to a Kansas state court or federal district court (K.S.A. 72-3414; 34 CFR 300.516).
Parents have the right to be accompanied by counsel and experts at the hearing, and to present evidence, examine witnesses, and receive a written or electronic verbatim record of the hearing (K.A.R. 91-40-44; 34 CFR 300.512).
Key Timelines
Resolution meeting must be held within 15 calendar days of the due process filing (K.A.R. 91-40-44; 34 CFR 300.510(a)).
Resolution period is 30 calendar days from filing; if unresolved, the hearing proceeds (34 CFR 300.510(b)).
Final due process hearing decision must be issued within 45 calendar days after the resolution period ends (K.A.R. 91-40-44; 34 CFR 300.515).
Expedited hearings (discipline) must be decided within 45 calendar days of the hearing request, without extensions (34 CFR 300.532(c)).
Appeals to court must be filed within 90 days of the hearing officer's decision under Kansas civil procedure (K.S.A. 72-3414).