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20.3%Parent prevailed (64)37.7%Split decision (119)41.8%District prevailed (132)0.3%Dismissed / withdrawn (1)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 |
|---|---|---|---|
| 2012-0489 | 2012 | District prevailed | The parent alleged the district denied FAPE by refusing ESY for the summer and by not providing a paraprofessional in the student's general… |
| 2012-0405 | 2012 | District prevailed | The parent alleged the school's discipline policy and a proposed more restrictive placement denied FAPE and were retaliatory, and sought… |
| 2012-0234 | 2012 | Parent prevailed | The surrogate parent alleged the district left the student in general education over a year despite a prior IEP requiring a therapeutic day school… |
| 2012-0223 | 2012 | Split decision | In a bifurcated hearing on the parent's request for six IEEs at public expense, the hearing officer upheld the district's evaluations in four areas… |
| 2012-0138 | 2012 | District prevailed | The parents unilaterally placed their daughter in a private therapeutic day school and sought reimbursement for tuition, transportation, services… |
| 2012-0126 | 2012 | District prevailed | After a disciplinary incident, the parent alleged procedural violations around a proposed placement change; the district cross-filed seeking a… |
| 2012-0121 | 2012 | Split decision | The parents unilaterally placed their son in a private therapeutic day school and alleged predetermination and IEP failures. The hearing officer… |
| 2012-0085 | 2012 | Split decision | The parents of a medically fragile kindergartner sought a full-time 1:1 nurse at school and on the bus, full inclusion at the neighborhood school… |
| 2012-0040 | 2012 | Split decision | The parents raised three procedural issues: participation in IEP meetings, handling of an IEE, and consideration of their concerns, including a… |
| 2012-0035 | 2012 | District prevailed | After a prior case, the parent sought to keep the student at a private therapeutic day school and raised several FAPE claims. The hearing officer… |
| 2012-0025 | 2012 | District prevailed | The parent alleged the district failed to implement outside evaluators' recommendations, denied ESY, and refused a private therapeutic day school.… |
| 2012-0020 | 2012 | Split decision | The parents challenged the student's homebound placement and a finding of ineligibility, and sought private school placement and IEE reimbursement.… |
| 2012-0017 | 2012 | Parent prevailed | The parents alleged inadequate assessments, services, behavior planning and IEPs for a seven-year-old, seeking therapeutic day school placement… |
| 2011-0451 | 2012 | District prevailed | The parent alleged the student was taught by unqualified substitutes, his IEP was not implemented and progress reports were not provided for part of… |
| 2011-0390 | 2012 | Split decision | The parent alleged inadequate evaluation, IEP goals, assistive technology, ESY transportation and teacher qualifications, and sought IEE… |
| 2011-0365 | 2012 | Split decision | The parents alleged the district failed to evaluate and serve their son by his third birthday and wrote an IEP lacking sufficient therapy, ESY and… |
| 2011-0298 | 2012 | Split decision | The parent alleged inadequate assessment and IEPs for a 17-year-old. The hearing officer found a denial of FAPE and ordered IEEs, reading and speech… |
| 2011-0276 | 2012 | District prevailed | The parent challenged placement in a public therapeutic day school and sought compensatory tutoring for time out of school after a suspension and… |
| 2011-0094 | 2012 | District prevailed | The guardian challenged the district's move of the student to a more structured behavior program and IEP meeting notice. The hearing officer found… |
| 2010-0273 | 2012 | Split decision | The parent challenged the design and implementation of the student's IEP and his placement. The badly scanned decision indicates a therapeutic day… |
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.