Illinois · special-education accountability
Illinois special-education due-process hearings: who wins, and over what?
Of the 316 Illinois special-education due-process hearing decisions from FY 2008 through FY 2026 that PedsList classified, parents prevailed outright in 20.3% (64), won part of their case in 37.7% (119), and school districts prevailed in 41.8% (132). Parents therefore obtained at least some relief in 57.9% of decided cases.
School districts filed or cross-filed 59 of these hearings (19%), usually to defend an evaluation or a proposed placement. The most common issue was “Placement/LRE” (raised in 154 decisions). Decisions peaked at 44 in FY 2010; FY 2026 has 7 so far, because most disputes now settle through mediation or resolution meetings before a hearing officer rules.
316 decisions on file · 316 classified · 0 not machine-readableSource: ISBE due-process decisionsHow we classified themUpdated November 2, 2026
Why this is statewide, not per district. ISBE removes both the district's and the student's names from every decision ("Student v. District"), so these can't be tied to a specific district. As a body they show how the system works. Summaries and outcome labels were drafted with AI assistance from each decision's full text, checked against the order, and audited on a random sample (details); always rely on the decision PDF itself.
How often do parents win a due-process hearing in Illinois?
20.3%Parent prevailed (64)37.7%Split decision (119)41.8%District prevailed (132)0.3%Dismissed / withdrawn (1)
Outcome shares are of the 316 classified decisions; 0 decisions (mostly older scanned PDFs) could not be read reliably and are listed below as "Not classified".
Which issues do parents win most often?
| Issue in dispute | Decisions | Parent prevailed | Parent won at least part |
|---|---|---|---|
| Placement/LRE | 154 | 18% | 45% |
| Eligibility/evaluation/child find | 144 | 21% | 65% |
| Compensatory education | 137 | 26% | 80% |
| IEP adequacy/implementation | 128 | 13% | 63% |
| Private/residential placement & reimbursement | 109 | 31% | 72% |
| FAPE denial | 97 | 30% | 71% |
| Procedural/parent-participation | 95 | 13% | 61% |
| Independent educational evaluation (IEE) | 92 | 23% | 73% |
| Related services | 74 | 22% | 73% |
| Behavior/discipline/manifestation | 62 | 21% | 40% |
| Transition/secondary services | 34 | 15% | 82% |
| Extended school year (ESY) | 25 | 12% | 56% |
| Other | 15 | 0% | 40% |
| Bullying/harassment | 7 | 0% | 43% |
A decision can involve several issues, so rows overlap. Some rows, like compensatory education, are remedies that usually come up once a violation is found, so their win rates run higher. Issues raised in fewer than 5 decisions are omitted.
How has the number of hearings changed?
21
37
44
24
20
11
14
15
19
14
18
21
4
11
7
10
9
10
7
08091011121314151617181920212223242526
Decisions per state fiscal year (FY 2008–2026).
Which disabilities are most often involved?
Specific Learning Disability 66Autism 58Emotional Disability 56Other Health Impairment 50Intellectual Disability 25Multiple Disabilities 10Speech or Language Impairment 9Developmental Delay 7Hearing Impairment 4Orthopedic Impairment 1
What happens at a due-process hearing?
A due process hearing is a formal, court-like hearing before an impartial hearing officer appointed by the Illinois State Board of Education (ISBE). A parent files a written request with the district superintendent within 2 years of when they knew or should have known about the problem. The district must hold a resolution meeting within 15 days, and the hearing officer's final decision is due 45 days after the 30-day resolution period ends. Either side can appeal to court within 120 days after the decision is mailed.
All 316 decisions
| Case | FY | Outcome | Summary |
|---|---|---|---|
| 2009-0376 | 2009 | Split decision | The parents alleged the district failed to evaluate, provide an appropriate IEP or behavior plan, and improperly exited the student from special… |
| 2009-0370 | 2009 | District prevailed | The parents sought school nursing services and assistive technology for a student with a suspected mitochondrial disorder. The hearing officer found… |
| 2009-0232 | 2009 | District prevailed | The pro se parent challenged an IEP that changed the student's eligibility from learning disability to emotional disability and moved him to a… |
| 2009-0228 | 2009 | Split decision | The district filed to defend its initial evaluation after the parent requested IEEs. The hearing officer upheld the speech and health evaluations… |
| 2009-0208 | 2009 | District prevailed | After a partial settlement placed the student in a therapeutic day school, the parents sought residential placement. The hearing officer found the… |
| 2009-0198 | 2009 | Split decision | The district filed to defend its reevaluation after the parents requested IEEs; several evaluation areas settled. The hearing officer found the… |
| 2009-0190 | 2009 | District prevailed | The guardian disputed a secondary emotional disability eligibility, behavior records, and a proposed move to a more restrictive language arts and… |
| 2009-0172 | 2009 | Split decision | The parent alleged the district failed to deliver IEP services, transition services and assistive technology. The hearing officer found missed… |
| 2009-0133 | 2009 | Split decision | An adult student and her mother alleged inadequate IEPs, evaluations, services and transition planning. The hearing officer found FAPE denied and… |
| 2009-0126 | 2009 | Split decision | Pro se parents sought a private day school for students with learning disabilities, transportation, and reimbursement for private evaluations… |
| 2009-0110 | 2009 | Split decision | The parent alleged failures to implement stay-put and IEP services, transportation supports and assistive technology for a medically fragile… |
| 2009-0076 | 2009 | Split decision | A parent of a student served under a Section 504 plan sought autism and math-disorder eligibility, services, transportation and grade changes. The… |
| 2009-0064 | 2009 | District prevailed | The district sought approval of an IEP placing the student in a therapeutic day school after escalating behavior, while the parent revoked consent… |
| 2009-0058 | 2009 | Parent prevailed | The parents challenged the district's proposed IEP and sought reimbursement and continued funding for a private school for students with learning… |
| 2009-0049 | 2009 | District prevailed | The parent challenged the district's move of the student to an alternative day program and its disciplinary actions, seeking return to regular… |
| 2009-0040 | 2009 | Parent prevailed | The parent alleged delayed identification and inadequate reading instruction and services for a student with a learning disability. The hearing… |
| 2009-0039 | 2009 | District prevailed | The pro se parent sought the student's full-time return to the district's main school with aides, an end to alleged harassment, and enforcement of a… |
| 2009-0031 | 2009 | Parent prevailed | The parent moved for summary judgment, claiming the district failed to implement compensatory tutoring and speech services written into an agreed… |
| 2009-0027 | 2009 | District prevailed | The parents argued the student, served under a Section 504 plan, was IDEA-eligible for emotional or health impairments and sought therapeutic… |
| 2009-0013 | 2009 | Split decision | The parents alleged inadequate evaluations, reading instruction and related services, seeking a private therapeutic day school and IEEs. The hearing… |
| 2008-0573 | 2009 | District prevailed | The parent of a nonverbal student with autism challenged the district's autism program, staff training and methodology, and sought reimbursement for… |
| 2008-0572 | 2009 | District prevailed | The parents sought reimbursement for a unilateral residential placement and residential placement going forward, alleging child find failures and an… |
| 2008-0547 | 2009 | Parent prevailed | The parents of a young child with autism challenged his IEPs and sought a therapeutic day placement. The hearing officer found the IEPs denied FAPE… |
| 2008-0538 | 2009 | Parent prevailed | The foster parent alleged the district refused to evaluate a failing student despite a written request. The hearing officer found the district… |
| 2008-0496 | 2009 | Split decision | The parent alleged inadequate evaluations, services and reading instruction. The hearing officer found faulty evaluations and an inadequate IEP… |
| 2008-0494 | 2009 | District prevailed | The parents removed the student from an agreed private therapeutic day school after 20 days and sought reimbursement for a residential placement.… |
| 2008-0488 | 2009 | Split decision | The parent kept the student home over bus-safety concerns and sought a new transportation company, home services and compensation. The hearing… |
| 2008-0424 | 2009 | District prevailed | After a private therapeutic day school terminated the student, the parent unilaterally placed him elsewhere and sought reimbursement. The hearing… |
| 2008-0423 | 2009 | District prevailed | The guardian sought reinstatement of school social work services that had been discontinued. The hearing officer found the district followed… |
| 2008-0419 | 2009 | Split decision | Per the cover summary, the parent sought private placement for a student with severe physical and cognitive impairments. Private placement was… |
| 2008-0396 | 2009 | Split decision | The parents opposed a therapeutic day school placement and the emotional disability category, seeking a regular classroom. The hearing officer found… |
| 2008-0376 | 2009 | Parent prevailed | The parents opposed the district's change from consultation-only services to special education reading classes. The hearing officer found the… |
| 2008-0325 | 2009 | District prevailed | The parents of a preschooler with a feeding disorder challenged an earlier ineligibility finding and sought feeding and nutrition therapy. The… |
| 2008-0247 | 2009 | Split decision | The grandmother sought additional services, an aide and extensive compensatory services. The hearing officer found the district provided most… |
| 2008-0216 | 2009 | Split decision | The parents sought private school tuition reimbursement, arguing the district's IEP required a specific staffing ratio. The hearing officer rejected… |
| 2008-0047 | 2009 | Split decision | The parents alleged the district's IEP failed to address the student's needs and sought private school reimbursement plus a compensatory year. The… |
| 2007-0030 | 2009 | District prevailed | The adult student claimed IEP deficiencies, an improper disciplinary change of placement and manifestation determination, and destroyed test… |
Frequently asked questions
How long do I have to file for due process in Illinois?
You must file within 2 years of the date you knew or should have known about the events behind the request. Some disputes, such as a denied evaluation, can also be raised through a state complaint, which has a 1-year limit.
Is there a form to request due process in Illinois?
Yes. ISBE's Form 19-86A is the parent request form. You give it to the superintendent of your child's resident district, who must forward it to ISBE within 5 days. A letter with the same information also works.
How long does an Illinois due process hearing take?
The resolution period can last up to 30 days after the district receives your request. Then the hearing officer's final decision is due within 45 days, unless the hearing officer grants an extension at a party's request. Extensions are common, so many cases take longer.
Does my child keep services during due process?
Yes. Under stay-put, your child stays in the current placement with current services until the case is finished, unless you and the district agree to a change. If mediation fails, file for due process within 10 days to keep this protection.
Who has the burden of proof in an Illinois due process hearing?
Illinois law requires the school district to present evidence that your child's needs were properly identified and that its proposed program and services are adequate, appropriate and available. How this applies in a particular case is a legal question for your attorney and the hearing officer.
How long do I have to appeal to court in Illinois?
In Illinois, either side has 120 days after the hearing officer's decision is mailed to file a civil action in state or federal court. Filing an appeal suspends the decision while the case is pending.
Can I see past Illinois due process decisions?
Yes. ISBE posts decisions through its Due Process Decisions search. PedsList has also decoded Illinois due process decisions so you can see outcomes by district.