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20.3%Parent prevailed (64)37.7%Split decision (119)41.8%District prevailed (132)0.3%Dismissed / withdrawn (1)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?

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.

Read the full step-by-step guide

Case	FY	Outcome	Summary
2020-0069	2020	District prevailed	The district sought an expedited change to an interim therapeutic day school because the student's behavior endangered himself and others. The…
2020-0028	2020	District prevailed	The parents alleged years of inadequate IEPs, failure to consider private evaluations, and inadequate ESY and 2019-20 offers, seeking private school…
2019-0212	2020	District prevailed	The parents alleged child find violations, inadequate math and writing goals and services, and denial of ESY. The hearing officer found the district…
2019-0146	2020	District prevailed	The district filed to defend its evaluation against an IEE request; the parent alleged FAPE denials in goals, social work, LRE, and failure to find…

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.