Procedural Due Process: The Two-edged Sword That the Untrained Should Not Unsheath

Abstract

The issue of procedural due process is examined in this article by first analyzing the associated legal requirements of P.L. 94-142 and then identifying the "triggers" which professionals and parents can use to initiate a due process hearing. Problems and unresolved issues associated with interpreting and applying due process safeguards in terms of initiating, conducting, and governing the hearing and hearing officer are discussed. The concluding section of the article identifies specific training implications and creeds of due process hearing officers.