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20.3%Parent prevailed (64)37.7%Split decision (119)41.8%District prevailed (132)0.3%Dismissed / withdrawn (1)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 |
|---|---|---|---|
| 2019-0261 | 2019 | District prevailed | The district sought an expedited diagnostic placement for an unevaluated student after the parent refused consent and his aggression escalated. The… |
| 2019-0213 | 2019 | District prevailed | The parent opposed the district's proposed move to a more restrictive program at another school. The hearing officer found the student's needs could… |
| 2019-0199 | 2019 | District prevailed | The district sought an expedited 45-day interim alternative placement due to the student's escalating aggression. The hearing officer found keeping… |
| 2019-0194 | 2019 | Split decision | The parent alleged the district failed to timely provide an IEP and then offered an inadequate one. The hearing officer ordered reimbursement for… |
| 2019-0153 | 2019 | Split decision | The parents claimed district schools could not meet the student's needs and sought reimbursement and private day school placement. The hearing… |
| 2019-0151 | 2019 | District prevailed | The parent challenged the IEP's therapeutic day school placement and sought to keep the student at his current school. The hearing officer found the… |
| 2019-0143 | 2019 | Split decision | The parent alleged untimely identification and an inadequate IEP lacking a residential placement. The hearing officer found child find was met but… |
| 2019-0141 | 2019 | Split decision | The guardian alleged the district failed to adopt and implement a transfer IEP, report progress, and respond to an IEE request; the district's IEE… |
| 2019-0120 | 2019 | District prevailed | The parents contested the district's proposed full-time therapeutic day school placement and wanted the student kept at the home high school. The… |
| 2019-0058 | 2019 | District prevailed | The parents alleged the district failed to evaluate the student in all suspected areas, including dyslexia, and sought reimbursement for a… |
| 2019-0047 | 2019 | District prevailed | The parents challenged a prior IEP and the district's proposal to move the student from a private therapeutic day school to a district high school… |
| 2018-0504 | 2019 | Split decision | The parents sought reimbursement for a unilateral residential placement and alleged failure to evaluate for autism. The hearing officer rejected the… |
| 2018-0494 | 2019 | Split decision | The parents alleged failure to evaluate and identify the student and to provide residential placement. The hearing officer found eligibility under… |
| 2018-0471 | 2019 | District prevailed | The parents challenged the district's reevaluation and decision that the student with autism was no longer eligible for special education. The… |
| 2018-0470 | 2019 | District prevailed | The parent alleged the district failed to consider ESY, used improper IEP team composition, and predetermined the ESY decision. The hearing officer… |
| 2018-0391 | 2019 | District prevailed | The parent sought IEP accommodations so the student could attend the district's before- and after-school care program. The hearing officer found the… |
| 2018-0340 | 2019 | Split decision | The parents challenged the district's transition program placement, IEP goals, transition assessments, and supports after knee surgery. The hearing… |
| 2018-0277 | 2019 | District prevailed | The parents challenged the student's emergency care plan, paraprofessional support, curriculum modifications, and ESY decisions. The hearing officer… |
| 2018-0219 | 2019 | District prevailed | The student challenged his participation in IEP development, the appropriateness of his IEP and self-contained placement, the lack of a learning… |
| 2018-0165 | 2019 | Split decision | The parents claimed years of inadequate reading instruction for a student with severe dyslexia and sought residential school funding. The hearing… |
| 2018-0164 | 2019 | District prevailed | The district filed to defend its reevaluation after denying the parents' request for an independent educational evaluation. The hearing officer… |
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.