WAC 392-172A-05160

As the notice states it

Heading, as printed: "Impartial Due Process Hearing"

Citation line, as printed: "34 CFR §300.511; WAC 392-172A-05080; WAC 192- 172A-05090–05100; WAC 392-172A-05160"

General

"Whenever a due process hearing request is filed, you or the district involved in the dispute must have an opportunity for an impartial due process hearing."

Administrative Law Judge (ALJ)

"The hearing will be conducted by a qualified independent ALJ, who is employed by the Office of Administrative Hearings (OAH). At a minimum, an ALJ:"

"1. Must not be an employee of OSPI or the district that is involved in the education or care of the child. However, a person is not an employee of the agency solely because he or she is paid by the agency to serve as an ALJ;"

"2. Must not have a personal or professional interest that conflicts with the ALJ’s objectivity in the hearing;"

"3. Must be knowledgeable and understand the provisions of IDEA, and federal and state regulations pertaining to IDEA, and legal interpretations of IDEA by federal and state courts; and"

"4. Must have the knowledge and ability to conduct hearings, and to make and write decisions, consistent with appropriate, standard legal practice. OSPI maintains a list of the people who serve as ALJs, which includes a statement of the qualifications for each person."

Subject Matter of Due Process Hearing

"The party that requests the due process hearing may not raise issues at the due process hearing that were not addressed in the due process hearing request, unless the other party agrees."

Timeline for Requesting a Hearing

"You or the district must file your due process hearing request within two years of the date you or the district knew, or should have known, about the issues addressed in the hearing request."

Exceptions to the Timeline

"The above timeline does not apply if you could not file a due process hearing request because:"

"1. The district specifically misrepresented that it had resolved the problem or issue that you are raising in your hearing request; or"

"2. The district withheld information from you that it was required to provide to you under Part B of IDEA."

Heading, as printed: "Appeal of Placement Decisions and Manifestation Determinations (Due Process Hearing Procedures for Discipline)"

Citation line, as printed: "34 CFR § 300.532; WAC 392-172A-05160"

"You may file a due process hearing request if you disagree with:"

"1. Any decision regarding placement made under these discipline provisions; or"

"2. The manifestation determination described above. The district may file a due process hearing request if it believes that maintaining the current placement of your child is substantially likely to result in injury to your child or to others. See the Due Process Hearing Procedures section for more information on filing a due process hearing request."

Authority of Administrative Law Judge (ALJ)

"An ALJ must conduct the due process hearing and make a decision. The ALJ may:"

"1. Return your child to the placement from which he or she was removed if the ALJ determines that the removal was a violation of the requirements described under the heading Authority of School Personnel, or that your child’s behavior was a manifestation of his or her disability; or"

"2. Order a change of placement of your child to an appropriate interim alternative educational setting, for not more than 45 school days if the ALJ determines that maintaining your child’s current placement is substantially likely to result in injury to your child or to others. These hearing procedures may be repeated, if the district believes that returning your child to the original placement is substantially likely to result in injury to your child or to others. Whenever you or the district requests a due process hearing, the request must meet the requirements described under the headings Due Process Hearing Request Procedures and Due Process Hearings, except as follows:"

"1. The due process hearing is expedited and must occur within 20 school days of the date the hearing is requested. The ALJ must issue a decision within 10 school days after the hearing."

"2. Unless you and the district agree in writing to waive the meeting, or agree to use mediation, a resolution meeting must occur within seven calendar days of the date you filed the due process hearing request with OAH and the district. The hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 calendar days of receipt of the due process hearing request. You or the school district may initiate a civil action, contesting the decision in an expedited due process hearing the same way as they contest decisions in non-disciplinary special education due process hearings (see Finality of Decision; Appeals, above)."

On this site

This record is one of 33 built from the sections Washington's notice cites by number. Washington's page assembles the routes, offices, parent centers, and stated timelines from the same notice, and lists every record under its source map.

Previous: WAC 392-172A-05149 · Next: WAC 392-172A-05165

Source

Notice of Special Education Procedural Safeguards for Students and Their Families (PDF), ospi.k12.wa.us; October 2023; retrieved Sep 13, 2026.

Change log

Sep 29, 2026 · Record created. Built by tools/render-citations.py from tools/packets/washington-packet.txt (capture of Sep 13, 2026): one record per section number the notice prints in full as WAC 392-172A-nnnnn; a citation printed as a range makes one record keyed on its first number, titled with the range as printed; a section cited under two headings carries both. Text is quoted, not summarized. Reviewer: Carrie Schluter, reviewed 2026-09-29. Corrections on the record in this log: hello@fieldassembly.net.