Due Process

What is Due Process?

A due process hearing is an administrative hearing to resolve disputes on any matter related to the identification, evaluation, educational placement, and the provision of a free and appropriate public education (FAPE). SERC will provide a highly-trained hearing officer who will preside over the hearing and whose decisions have the effect of law and are binding upon the parties participating in the hearing. During a hearing, both parties subpoena and present witnesses and perform cross-examination; present admissible evidence; may present depositions or affidavits; engage in closing arguments, and request that the hearing officer rule favorably on their positions. Parties may represent themselves or be represented by attorneys at their own expense.

A due process complaint may be filed by the local educational agency (LEA) or the parent (or an adult student). A parent is defined to include a natural, adoptive, or foster parent, a guardian, an individual acting in the place of a natural or adoptive parent (including a grandparent, step-parent, or other relative) with whom the child lives, an individual who is legally responsible for the child’s welfare, or a surrogate parent. A student 18 years or older may file the request on their own. 

A due process complaint involves the proposal or refusal to initiate or change the identification, evaluation, or educational placement of a child with a disability or the provision of FAPE to the child. The due process complaint must allege a violation that occurred not more than two (2) years before the date the parent or agency knew or should have known about the alleged action that forms the basis of the complaint. The two-year timeline shall not apply to a parent if that parent was prevented from requesting the hearing due to (i) specific misrepresentations by the LEA that it had resolved the problem forming the basis of the complaint; or (ii) the LEA’s withholding of information from the parent that was required under the Individuals with Disabilities Education Act (IDEA) Part B to be provided to the parent. 

Forms to Request a Due Process Hearing

A due process complaint cannot be accepted without all required information as designated by federal law. The “Request a Due Process Hearing” form is provided for your convenience to capture all required information.

Facilitator Request Forms for Resolution Sessions

If the parent and school district give written agreement, SERC can provide a facilitator for the resolution session as part of a due process filing. To make that request, please complete the appropriate form below.

• Form for Facilitated Resolution Session – Parents (PDF)
• Form for Facilitated Resolution Session – School (PDF)

Additional Resources

Before You File

• Understanding Due Process Webinar – Pt 1 “Initial Considerations.”
• Understanding Due Process Webinar – Pt 2 “Getting Ready for the Hearing.”
• Understanding Due Process Webinar – Pt 3 “What Happens at the Hearing?”
• Due Process Hearings FAQs

What to Know After You File

• Due Process Parent Checklist (PDF)
• Due Process LEA Checklist (PDF)
• Oklahoma State Department of Education Due Process Guidelines (PDF)
• What to Expect in the First 30 Days

General Information

• Out-of-State Attorney Policy (PDF)
• Advocates cannot represent parents in Due Process Hearing (PDF)
• Parents Rights in Special Education (PDF)
• Parents Rights in Special Education (Spanish, PDF)
• Parents Rights in Special Education (Vietnamese, PDF)

Contact us by email at okserc@okstate.edu or by phone at 918-270-1849 or 888-267-0028 (toll-free).

Oklahoma Due Process Data

Every state is required to make hearing officer findings and decisions available to the public. All personally identifiable student and school district information has been redacted.

Not all due process hearing requests result in a hearing decision. A decision is only published if a case proceeds to a formal hearing, and when a final written decision is issued by a hearing officer. If a due process hearing request is resolved prior to proceeding to hearing, through a resolution session, mediation, or an otherwise withdrawal of the complaint, then a hearing does not occur, and a decision is not rendered.

Oklahoma emphasizes early and collaborative resolution whenever possible. Engaging in early resolution options, such as facilitation and mediation, may resolve many disputes before reaching the due process hearing stage. These collaborative processes may resolve issues and result in benefit to the child at an earlier stage than due process.

Hearing Decision Archive

Hearing and Appeal Officers

David Blades – Hearing and Appeal Officer

David Blades is an attorney in Tulsa, Oklahoma. He earned his juris doctor from the University of Tulsa. He is admitted to practice in all state and federal courts in Oklahoma, as well as federal courts in the Northern District of Texas and the Western District of Arkansas. Before practicing law, Blades was an intelligence officer for the Central Intelligence Agency.

Robert Bost – Hearing Officer

Robert Bost is an attorney in private practice in Owasso, Oklahoma and is licensed to practice in Oklahoma and Texas. He earned his juris doctor from the University of Oklahoma and a bachelor’s degree in sociology from the University of Notre Dame. Bost previously served as an Administrative Law Judge, an Assistant Judge Advocate for the United States Air Force, and a Staff Judge Advocate for the Oklahoma Air National Guard.

Russell (Russ) Cochran – Hearing Officer

Russ Cochran is an Oklahoma City-based attorney and earned his juris doctor from Regent University School in Virginia Beach. He founded SKYDANCE LAW, PLLC, a law practice focused on private mediation. Cochran is a certified Civil, Commercial, and Family & Divorce mediator with the Oklahoma Early Settlement Program. He regularly volunteers mediation services in Oklahoma County. Previously, he served as an Assistant District Attorney in Pottawatomie & Lincoln Counties, an Assistant Attorney General, and as General Counsel at the Oklahoma Bureau of Narcotics. Before law school, Cochran spent ten years as an active-duty Air Force officer. 

Hugh Rineer – Hearing and Appeal Officer

Hugh Rineer is an attorney-mediator in Tulsa, Oklahoma. He earned his juris doctor from the University of Tulsa. He has served as a Special District Judge for the 14th Judicial District, Tulsa, Oklahoma. Rineer was previously an Adjunct Settlement Judge for the Northern District of Oklahoma and a member of the Adjunct Faculty at the University of Tulsa College of Law, teaching mediation.

Jonathan Shook – Hearing Officer

Jonathan Shook is a Tulsa-based trial lawyer with a law practice focused on representing individuals in employment law and employee benefits matters. He earned his juris doctor from the University of Tulsa. Shook is a member of the Oklahoma and Missouri bar associations and admitted to practice in all state and federal courts in Oklahoma, as well as the U.S. District Court for the Eastern District of Missouri and the U.S. Court of Appeals for the Tenth Circuit. Shook also serves as an Adjunct Settlement Judge for the U.S. District Court for the Northern District of Oklahoma.

Hearing Official Requirements

If you are interested in becoming a Hearing Official for the Special Education Resolution Center, please send a resume and a cover letter explaining your interest in serving in this capacity to:

Special Education Resolution Center
5314 S. Yale Ave.
Suite 206
Tulsa, OK 74135
Phone: 918-270-1849 or 888-267-0028
Email: okserc@okstate.edu

At a minimum, a hearing officer:

• May not be an employee of the school or agency involved in the education or care of the child; or
• May not be a person having a personal or professional interest that conflicts with the person’s objectivity in the hearing; and
• Must possess knowledge of, and the ability to understand, the provisions of the Individuals with Disabilities Education Act (IDEA); federal and state regulations pertaining to IDEA; and legal interpretations of IDEA by federal and state courts; and
• Must possess the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and
• Must possess the knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice.

Additionally:

• All Hearing and Appeal Officials assigned by the this office are expected to have the ability and experience necessary to weigh evidence and testimony presented and to make decisions in keeping with the evidence and testimony.
• All Hearing and Appeal Officials are expected to remain impartial in discharging their responsibilities at all times. If this is not possible, all Hearing and Appeal Officials have the responsibility to inform this office immediately.
• All Hearing and Appeal Officials are expected to conduct hearings in a professional manner in accordance with established procedure, write decisions in a clear and concise manner based on law, and possess sufficient time to devote to these activities.
• No individual who is an official or employee of an LEA will be assigned as a Hearing or Appeal Official. No attorney who currently represents parents or school districts or who, within recent years, has represented parents or school districts, will be assigned as a Hearing Official.
• All Hearing and Appeal Officials will possess at least a law degree, or a minimum of a Master’s degree in education, special education, psychology, or any related field. There is a preference for law degrees. All Appeal Officials will have met the minimum training standards required of Hearing Officials and will have served in that capacity for at least two years in Oklahoma.