Parents and districts are entitled to an impartial due process hearing conducted by the Minnesota Department of Education (MDE) to resolve disputes over identification, evaluation, educational placement, manifestation determination, interim alternative educational placement, or provision of a free and appropriate public education (FAPE) to a child with a disability.
Parents and districts are encouraged to use mediation, conciliation, or some other mutually agreed upon alternative before proceeding to a hearing.
The
Hearing Management of Special Education Disputes, which is posted on the Office of Administrative Hearings (OAH) website, lists the best practices regarding special education hearing management. These practices represent the expectations that MDE has for trial practice in order to align Minnesota practice more closely with state and federal statute and rule.