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.
How often do parents win a due-process hearing in Illinois?
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?
Decisions per state fiscal year (FY 2008–2026).
Which disabilities are most often involved?
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 |
|---|---|---|---|
| 2022-0175 | 2022 | District prevailed | The district sought an expedited 45-day diagnostic placement for an unevaluated student with aggressive behavior whose parent refused evaluation… |
| 2022-0161 | 2022 | Parent prevailed | The parents sought funding of a non-approved residential placement after the district could not find an approved facility. In a stipulated case, the… |
| 2022-0137 | 2022 | Parent prevailed | The parents sought district funding of a non-approved residential placement because no state-approved facility would accept the student. In a… |
| 2022-0130 | 2022 | District prevailed | The parent alleged the district failed to revise the IEP and behavior plan for sensory needs and opposed a therapeutic day school placement. The… |
| 2022-0099 | 2022 | District prevailed | The district sought an expedited interim placement in a therapeutic day school to evaluate a student suspected of a disability whose behavior was… |
| 2022-0044 | 2022 | Parent prevailed | The parents sought a non-approved residential placement because no state-approved facility would accept the student. The hearing officer found an… |
| 2022-0038 | 2022 | Parent prevailed | The parents sought an out-of-state residential placement after no state-approved facility would accept the student. The hearing officer found an… |