Considering a special education due process complaint? Get clear before taking the next step.

When a school dispute becomes serious, parents may start hearing the phrase “due process.” This can happen when the school rejects your request or you disagree with the school’s recommendations.  It can involve services, placement, lack of progress, or any disagreement related to your child’s IEP or evaluations

A due process complaint is a formal legal step. It should not be filed casually.

Before moving forward, parents need to understand what the dispute is really about, what supports their concerns, what outcome they are seeking, and whether due process is the right path.

Shefter Law, P.A. helps parents understand special education disputes, evaluate next steps, and prepare strategically when due process may be involved.

Start with a Free Case Analysis

What is a due process complaint?

A due process complaint is a formal complaint against the school system.  It is filed with the Office of Administrative Hearings.   

The complaint needs to allege procedural violations and an allegation of a denial of a free appropriate public education, often called a FAPE.  The procedural allegations can be based on whether the school followed legal timelines, developed an appropriate IEP, recommended an appropriate placement, or any other legal obligation the school might have failed to address.  The parents then have to prove that the procedural violation caused substantive harm to the child.  This means, how was the child harmed educationally, which is usually that the child did not progress or in some cases regressed. 

Due process is a formal legal proceeding in front of an Administrative Law Judge (ALJ). It involves legal arguments, evidence, witnesses, deadlines, negotiations, settlement discussions, resolution meetings, and hearings.  

Every dispute does not necessarily mean that a Due Process complaint should be filed.  Sometimes another step may make more sense first. The key is understanding your options before you act. 

When parents consider due process

Parents may contact Shefter Law about due process when:

• the school refuses to evaluate their child

• the school says the child does not qualify for an IEP

• the child has an IEP but is not making meaningful progress

• services or supports are being denied, reduced, or removed

• the parent disagrees with the school’s proposed placement

• the child needs behavior support, but the school is not responding appropriately

• the dispute involves discipline, removal, or a manifestation determination review

• mediation did not resolve the problem

• the family is seeking compensatory education or another remedy

If the issue has reached this level, it is usually not just a communication problem. It may require a clearer legal strategy.

Why preparation matters before filing

Due process can affect your child’s services, placement, supports, evaluations, and educational future.

Parents should not enter the process with only frustration. They need organization, documentation, and a strategy.

Before considering due process, parents should understand:

• what specific decisions or failures they are challenging

• what the school has already offered or refused

• whether there was regression or lack of meaningful progress

• what their child needs educationally

• what outcome they are seeking

• whether mediation, negotiation, or another option may be appropriate first

• what legal arguments are available

• what evidence there is to support the legal arguments

The stronger your preparation, the better positioned you are to make informed decisions.

How Shefter Law can help

Shefter Law helps parents evaluate special education disputes and determine whether due process may be an appropriate next step.

Depending on your situation, we will:

• identify key legal issues

• discuss whether you have sufficient evidence

• help you understand the school’s position

• discuss possible remedies or outcomes

• help you understand what additional steps might be necessary before filing

• fully represent you through the entire process

The goal is to help you understand whether due process makes sense, what other options may exist, and what steps may strengthen your position.

Start with a Free Case Analysis

The first step is a Free Case Analysis.

During the Case Analysis, our intake team will ask specific questions to learn the basic facts and school issues you are facing.  The specialist will determine whether Shefter Law can help, and discuss next steps.

The Case Analysis is a screening step. It is not a legal advice session and does not create an attorney-client relationship.

If your matter is a fit, the next step may be a Strategy Session.

The next step: Strategy Session and Action Plan

If your situation is a fit, the next step may be a Strategy Session or Document Review Strategy Session.

If you opt for a Document Review Strategy Session, the attorney will review specific documents before the Strategy Session.  We will then have a Strategy Session.

During the Strategy Session, whether you opted for document review or not, you meet with an attorney who reviews your concerns, identifies key legal issues, and explains your options. After the session, you receive a written Action Plan with recommended next steps, questions to ask, and strategies for moving forward.  If you opted for a document review, the Action Plan will include comments on the documents that were reviewed.

For due process concerns, your Action Plan may help clarify what issues to raise, what records to gather, what steps to take before filing, and whether additional legal support may be appropriate.

If due process is the right next step

If, after the Case Analysis and Strategy Session, your family decides to move forward and Shefter Law agrees to provide representation, we will fully represent you and make it as stress-free as possible.

We will organize supporting records, prepare the complaint, determine what additional evidence and witnesses are needed, communicate with the school system’s counsel, and represent you through the entire process, including resolution discussions or mediation, and the due process hearing.

When to contact Shefter Law about due process

You should consider contacting Shefter Law if:

• you are thinking about filing a due process complaint

• the school has mentioned due process

• mediation failed or is being considered

• your child is not making progress

• the school is refusing services, evaluations, or placement changes

• you disagree with the school’s evaluation or eligibility decision

• the dispute involves discipline, behavior, safety, or school refusal

• you feel pressured to accept a proposal that does not meet your child’s needs

If deadlines, meetings, mediation, resolution sessions, or hearing-related dates are involved, do not wait to get organized.

Serving families in Maryland and Washington, DC

Shefter Law, P.A. helps families with special education disputes involving IEPs, 504 Plans, evaluations, services, placement, discipline, mediation, due process complaints, and related school issues.

If you are outside Maryland or Washington, D.C., contact us to determine whether we can help or whether another resource may be more appropriate.

Get clear before filing a due process complaint

Due process is serious. It can be powerful, but it is not always the first or best next step. Before filing, responding, or agreeing to anything, make sure you understand the process and your options.

Start with a Free Case Analysis. If your matter is a fit, the next step may be a Strategy Session where we can review your concerns, identify key issues, and provide a written Action Plan.

Start with a Free Case Analysis