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Educational Due Process Hearings

An Educational Due Process Hearing is a hearing that parents can request under Article 7 of the Indiana Code to have an independent hearing officer determine whether his or her special needs child is receiving an appropriate education or whether they are eligible for special education.

Education law varies from state to state and in Indiana disciplinary procedures can vary from district to district. The information below will provide you with some very basic information and help answer some frequently asked questions, but the information on this website is not legal advice and is not meant to be a substitution for seeking the advice of competent legal counsel. Your case is unique and you need legal advice that is specifically tailored to fit your needs. Our Hollingsworth & Zivitz education team is here to provide you with the advice you need to make decisions that will have a lasting impact on your child's life.

EDUCATIONAL DUE PROCESS- General Information

Under Article 7 of the Indiana Code and the federal law titled the Individuals with Disabilities Education Act (IDEA) parents of children with special needs, which range from ADHD to Autism, are entitled to challenge their child's eligibility for special education and/or their child's educational programming if they believe it is inappropriate to meet their child's needs. A program may be inappropriate for a variety of reasons. In some cases a child's Individual Education Plan (IEP) may be very good, but not be appropriately implemented by the School, in other cases a child's IEP may not take into account their needs or be insufficient to help them academically advance.

In situations where a parent has been unable to work with a school to get an appropriate program for their child, a parent has the right to request a Due Process Hearing to resolve the disagreement with the school regarding the child's disability, identification, evaluation, eligibility, placement, services, or reimbursement of services.

INDIANA HEARING OFFICERS

The following individuals serve as hearing officers in Indiana in Article 7 and IDEIA special education due process cases:

John Krauss
815 W. 96th St.
Indianapolis, IN 46260
Phone: 317-840-4848
Fax: 317-575-9090

Dr. Thomas Huberty
201 N. Rose Ave.
Bloomington, IN 4740
Phone: 812-856-8332
Fax: 812-856-8202

Terry R. Curry, Esq.
111 Monument Circle, Ste. 302
Indianapolis, IN 46204
Phone: 317-231-6325
Fax: 317-231-6330

Dr. Jim Jacobs
School of Education
Indiana State University
Terre Haute, IN 47809
Phone: 812-237-3585
Fax: 812-237-8208

Kristin Anderson
Attorney at Law
4167-69 Broadway
Indianapolis, IN 46205
Phone: 317-923-2234
Fax: 317-283-2849

Christine Sepiol
9529 Walnut Dr.
Munster, IN 46321
Phone: 708-755-1900 ext. 241
Fax: 708-755-0000

Dr. Joseph McKinney
Attorney at Law
Ball State University
TC - 915
Muncie, IN 47306
Phone: 765-285-8495
Fax: 765-285-2166

Dennis Graft
Attorney at Law
P.O. Box 783
Avilla, IN 46710
Phone: 260-897-9800
Fax: 260-897-9801

Dr. Melody Dilk
Attorney at Law
Professional Psychological Services
10293 N. Meridian St., Suite 375
Indianapolis, IN 46290
Phone: 317-581-2288
Fax: 317-581-2295



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