District Delays in Holding a Due Process Hearing

It could result in a denial of FAPE. The IDEA provides that when a parent requests a due process hearing, they must receive a decision within 45 days. In one recent case the district failed to hold a due process hearing until several months after the close of the 45-day time frame. The court held that a delay this extensive constituted a denial of FAPE. So, an extensive delay in holding a due process hearing could result in the denial of FAPE.

Blackman v. District of Columbia, 39 IDELR 241 (D.D.C. 2003)