Due Process Hearings in Nebraska
How does due process work for IEP disputes in Nebraska?
Nebraska's due process hearing procedures are governed by Neb. Rev. Stat. §§ 79-1146 to 79-1149 and 92 NAC 51-010.04. Due process hearings address disagreements regarding identification, evaluation, eligibility, educational placement, or the provision of FAPE. Parents or the district may file a due process complaint; the complaint must include the student's name and address, the school they attend, a description of the problem, and a proposed resolution (34 CFR 300.508(b)). Before filing for due process, the district must offer parents an opportunity to resolve the complaint at a resolution meeting within 15 days of receiving the complaint (34 CFR 300.510). If not resolved within 30 days, the due process hearing may proceed. Nebraska uses state-contracted hearing officers who are impartial, knowledgeable, and not current employees of the district (Neb. Rev. Stat. § 79-1147). The final hearing decision must be issued within 45 days after the expiration of the 30-day resolution period. Either party may appeal to state or federal court within 90 days of the decision (Neb. Rev. Stat. § 79-1148). Nebraska also provides voluntary mediation as an alternative to due process (Neb. Rev. Stat. § 79-1143).
What Nebraska Requires
Either parent or district may file a due process complaint regarding identification, evaluation, eligibility, placement, or provision of FAPE (Neb. Rev. Stat. § 79-1146; 34 CFR 300.507).
The district must offer a resolution meeting within 15 days of receiving the due process complaint; if the parties cannot resolve the complaint within 30 days, the hearing proceeds (34 CFR 300.510).
Nebraska uses impartial hearing officers who must not be employees or have conflicts of interest with either party (Neb. Rev. Stat. § 79-1147; 34 CFR 300.511(c)).
Both parties have the right to be accompanied by counsel, present evidence, examine witnesses, and receive a written decision (Neb. Rev. Stat. § 79-1147; 34 CFR 300.512).
Either party may appeal the hearing officer's decision to state or federal district court within 90 days of the decision (Neb. Rev. Stat. § 79-1148; 34 CFR 300.516).
Nebraska offers voluntary mediation through the Nebraska IDEA Mediation Program as an alternative to due process (Neb. Rev. Stat. § 79-1143; 34 CFR 300.506).
Key Timelines
Resolution meeting must be offered within 15 days of receipt of due process complaint (34 CFR 300.510(a)).
30-day resolution period before hearing may proceed (34 CFR 300.510(b)).
Final hearing decision must be issued within 45 days after the 30-day resolution period expires (34 CFR 300.515(a); Neb. Rev. Stat. § 79-1147).
Expedited hearing decision must be issued within 10 school days of the hearing for disciplinary placement matters (34 CFR 300.532(c)(2)).
Appeals to state or federal court must be filed within 90 days of the hearing officer's decision (Neb. Rev. Stat. § 79-1148; 34 CFR 300.516(b)).