Due Process Hearings in Oregon
How does due process work for IEP disputes in Oregon?
Oregon parents may request a due process hearing when they disagree with a school district's actions regarding the identification, evaluation, educational placement, or provision of FAPE for their child with a disability (ORS 343.165; 34 CFR 300.507). Due process requests must be filed within two years of the date of the act or omission that is the subject of the complaint, unless the district misrepresented the issue or withheld information (ORS 343.165(2)(a)). Upon filing, the district must convene a resolution session within 15 days, unless both parties waive the session or agree to mediation (34 CFR 300.510). If the dispute is not resolved within 30 days, the hearing may proceed. Under ORS 343.167(5), a hearing officer must issue a final decision not later than 45 days after the request for hearing is filed (unless an extension is granted); this Oregon statutory clock runs from the date of filing, not from the expiration of the resolution period. For expedited hearings (involving discipline manifestation disputes or cases where the district contends a student is substantially likely to injure themselves or others), the hearing must be held within 20 school days of the request and a decision issued within 10 school days after the hearing (ORS 343.167(6); 34 CFR 300.532). Oregon uses Administrative Law Judges (ALJs) through the Office of Administrative Hearings to conduct due process hearings. The ODE Dispute Resolution office provides a Due Process Hearing Request Information and Model Form, Resolution Session Information Sheet, and Hearing Timelines under IDEA 2004 as guidance documents. A party may appeal the hearing officer's decision by filing a civil action in court within 90 days of the date of the hearing officer's final order (ORS 343.175(4)). During due process proceedings, the student remains in their current educational placement (the stay-put provision) unless parties agree otherwise or the district seeks an expedited IAES (34 CFR 300.518).
What Oregon Requires
Due process hearings may be requested for disputes over identification, evaluation, educational placement, or provision of FAPE; requests must be filed within two years of the act or omission (ORS 343.165; 34 CFR 300.507).
After a due process request, the district must hold a resolution session within 15 days; if unresolved within 30 days, the hearing may proceed (34 CFR 300.510).
Oregon uses Administrative Law Judges (ALJs) through the Office of Administrative Hearings to conduct due process hearings.
The hearing officer must issue a final decision not later than 45 days after the hearing request is filed (ORS 343.167(5)); this Oregon statutory clock runs from the date of filing, not from the end of the resolution period.
Expedited hearings must be held within 20 school days of the request; decision must be issued within 10 school days of the hearing (ORS 343.167(6); 34 CFR 300.532).
During due process proceedings, the student remains in their current placement (stay-put) unless parties agree to a change or an expedited IAES is warranted (34 CFR 300.518).
Civil action to appeal the hearing officer's decision must be filed within 90 days of the date of the final order (ORS 343.175(4)).
Key Timelines
Due process requests must be filed within two years of the act or omission at issue (ORS 343.165(2)(a)).
Resolution session must occur within 15 days of the due process filing (34 CFR 300.510).
Hearing decision must be issued not later than 45 days after the hearing request is filed (ORS 343.167(5)); the clock starts at filing, not at the end of the resolution period.
Expedited hearing must occur within 20 school days; decision within 10 school days after the hearing (ORS 343.167(6); 34 CFR 300.532).
Civil action to appeal must be filed within 90 days of the hearing officer's final order (ORS 343.175(4)).