How is a complaint investigation different from a due process hearing?

A due process hearing is a formal administrative hearing before an impartial hearing officer. The parties to a hearing have an opportunity to present and cross-examine witnesses, to have a record of the proceedings, and to enter and object to evidence. Parties can subpoena witnesses and testimony is under oath. Due process hearings provide for detailed due process rights. The final order can be appealed to state or federal court. The court will look at the hearing record, along with the final order. The IDEA includes an attorney fees provision so that parents who prevail in an administrative hearing may ask the court to order reimbursement for reasonable attorney fees.

The complaint process is an informal review of the situation by NHDOE staff and independent investigators. The investigators will review the paperwork, talk to parents and school staff, and look to see whether the school district's actions comply with the IDEA. There is no formal testimony or record of the proceedings. There are no oaths, subpoenas or other due process protections.