Professional Liability

In late November 2025, the Office for Dispute Resolution (ODR) released its annual report for fiscal year 2024 (July 1, 2024 - June 30, 2025).  In the report, the ODR provided detailed information about due process litigation in Pennsylvania for the entire fiscal year. In all, there were 900 requests for due process filed with ODR, a slight decrease from fiscal year 2023, which saw 958 cases filed. A majority of the cases were filed on behalf of parents/guardians/students by legal counsel, although 112 cases were filed pro se. Most of the 900 cases involved claims under the IDEA/Chapter 14 for school-age/non-gifted students. Only 14 cases were filed solely under Section 504/Chapter 15.

As has been the case for the past 20 years, due process litigation was most active in the City of Philadelphia and the southeastern Pennsylvania counties approximate to the city. There were 236 requests for due process filed within Philadelphia Intermediate Unit 26 alone.  More than 50 requests for due process were filed within Montgomery County Intermediate Unit 23 (84), Delaware County Intermediate Unit 25 (76), and Bucks County Intermediate Unit 22 (53). The only other intermediate units outside southeastern Pennsylvania that saw more than 50 due process filings were the Northeastern Educational Intermediate Unit 19 (65) and the Allegheny Intermediate Unit 3 (53).

For all school-age/non-gifted cases, the most predominant issue raised in the due process filings involved the IEP (development/implementation), with 442 occurrences. The next most prevalent issue was compensatory education (425 occurrences) followed by school evaluations (192 occurrences).

Although 900 due process cases were filed during fiscal year 2024, only 55 resulted in a written hearing officer decision. Most of the cases ended in a negotiated resolution, either outside of the IDEA resolution period (357 cases) or during the resolution period (214 cases).  Nearly 150 cases were either dismissed outright (24 cases) or voluntarily withdrawn (123 cases).  A significant number of cases filed in fiscal year 2024 remained active at of the end of the fiscal year and carried over into the next fiscal year (127 cases). 

Causes of the 24 case dismissals included a lack of hearing officer jurisdiction (10 cases), improper party name (4), res judicata/mootness (4), a case being consolidated with another case (4) or no response from the parent (2).

As to the 55 cases in which a hearing officer issued a written decision, the hearing officer found for the LEA in 21 cases, for the parent in 18 cases, and for both the parent and LEA in 16 cases. Notably, of these 55 cases, 21 involved pro se litigants.  The hearing officer found for the LEA in 14 of the pro se cases and for the parent/ guardian in 4 of the cases. In three of the pro se cases, the hearing officer found for the parent in part and the LEA in part.

Also of note, during fiscal year 2024,19 cases were appealed to federal court, and only one case was appealed to state court. Only four of these appeals involved due process requests filed during fiscal year 2024, as the balance of the due process cases at issue were filed prior to 2024.

Of the appeals filed during fiscal year 2024, parents were responsible for 75% of the filings.  Three of the appeals dealt solely with the issue of attorney fees. At the close of fiscal year 2024, 17 of the 20 cases were still pending on appeal. One case was dismissed following a settlement, another based upon the final resolution of a separate but related matter, and a third following a court-approved settlement. In that instance, the case was marked settled on the docket, and the court vacated its prior order remanding the case to the hearing officer.  Thirteen of the federal court appeals were filed with the Eastern District of Pennsylvania, three with the Middle District of Pennsylvania, and three with the Western District of Pennsylvania.

ODR also reported on compliance complaints filed with the Bureau of Special Education (BSE), including complaints under Section 504/Chapter 15. In all, 179 complaints were filed with BSE.  Of these cases, 50 resolved with a finding by BSE of LEA non-compliance. Seven complaints were dismissed or held in abeyance as the issues were being addressed in a due process complaint and 68 of the complaints were either resolved, withdrawn, or dismissed for not falling within the jurisdiction of the BSE.

For more information on ODR’s Annual Report, see: https://odr-pa.us12.list-manage.com/track/click?u=e6553c8850beb32e3c7ea9c8c&id=a1449490fc&e=bf4ea9f318