Due Process Hearings in Wisconsin
How does due process work for IEP disputes in Wisconsin?
Wisconsin's due process hearing procedures are governed by Wis. Stat. § 115.80. Parents, adult students with disabilities, or school districts may request a hearing regarding disagreements about evaluation, IEP, educational placement, or the provision of FAPE. Hearing requests must be filed within two years of the date the party knew or should have known about the alleged action (Wis. Stat. § 115.80(1)(a)) — note this is two years, not one year as sometimes cited for some states. Within 15 days of receiving the hearing request, the LEA must convene a resolution meeting with the parents and relevant IEP team members; if issues remain unresolved after 30 days, the hearing proceeds (Wis. Stat. § 115.80(2m)). The hearing officer — an impartial Wisconsin-licensed attorney meeting requirements of Wis. Admin. Code PI 11.12 — must issue a decision within 45 days after the 30-day resolution period concludes. During proceedings, the stay-put rule applies: the district cannot change the student's educational placement without parent consent (Wis. Stat. § 115.80(8)). Wisconsin contracts with the Division of Hearings and Appeals (DHA) for hearing officer services.
What Wisconsin Requires
Due process hearings address disagreements about evaluation, IEP, educational placement, or provision of FAPE (Wis. Stat. § 115.80(1)(a)).
Filing deadline: within two years of when the party knew or should have known of the action forming the basis of the complaint (Wis. Stat. § 115.80(1)(a)).
The LEA must convene a resolution meeting within 15 days of receiving the hearing request; the resolution period is 30 days from filing (Wis. Stat. § 115.80(2m)).
Hearing officers must be Wisconsin-licensed attorneys who complete DPI-approved training and annual refresher requirements (Wis. Admin. Code PI 11.12); services are provided through the Division of Hearings and Appeals.
The stay-put provision prohibits changes to the student's educational placement during pending proceedings without parent consent (Wis. Stat. § 115.80(8)).
Either party may appeal hearing decisions to state or federal court (34 CFR 300.516).
Key Timelines
Filing deadline: within 2 years of when the party knew or should have known of the action (Wis. Stat. § 115.80(1)(a)).
Resolution meeting: within 15 days of filing (Wis. Stat. § 115.80(2m)).
Resolution period: 30 days from filing; hearing may proceed if unresolved (Wis. Stat. § 115.80(2m)(e)).
Hearing decision: within 45 days after the 30-day resolution period concludes (Wis. Stat. § 115.80(6)).
Parties may waive the resolution meeting or substitute mediation by mutual written agreement (Wis. Stat. § 115.80(2m)).