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Special Education Listserv

Subject: OSEP Guidance on Expedited Due Process Hearings

Source: Cynthia Quetsch, Legal Counsel, Office of Special Education

Intended Audience: Special Education Directors and Administrators

Date: July 3, 2012

The U. S. Department of Education, Office of Special Education Programs (OSEP) has issued an informal guidance on the timing of expedited due process hearings.  Letter to Cox dated June 22, 2012, provides that the timeline for conducting expedited due process hearings is based on school days, not calendar days.  School day is defined as any day, including a partial day, that children are in attendance for instructional purpose.  A day when a district only provides Extended School Year (ESY) services to children with disabilities and does not operate a summer school program for all children cannot be counted as a school day.

A complete copy of the letter can be found at