When a child receives special education services, it’s essential that their educational rights are protected. Sometimes, though, parents and schools don’t agree on what services a child needs or how those services should be provided. That’s where due process comes in—a formal legal procedure that gives parents a way to resolve disputes with the school district.
Due process is part of the Individuals with Disabilities Education Act (IDEA), the federal law that guarantees students with disabilities the right to a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). Here’s what every parent should know about this legal path.
What Is Due Process in Special Education?
Due process is a formal hearing, similar to a court trial, where both the parent and the school district can present evidence and argue their case in front of a neutral hearing officer. It is used when other methods of resolving disagreements—like IEP meetings or mediation—have failed.
A parent might request due process if they disagree with:
The school’s evaluation of their child, refusal to evaluate
The services listed in the child’s Individualized Education Program (IEP)
The child’s educational placement, current or “recommended”
The school’s failure to provide services required under the IEP
Steps in the Due Process Timeline
Due process doesn’t happen overnight. There are several steps involved:
Filing a Due Process Complaint The process begins when a parent or school files a written complaint describing the disagreement. This complaint must be filed within two years of when the issue occurred.
Resolution Session Within 15 days of the complaint, the school must schedule a resolution session with the parents. This is a chance to resolve the issue without going to a hearing. If both sides agree, they can skip this step and go to mediation.
Mediation (Optional) Mediation is a free, voluntary process where a neutral third party helps both sides reach an agreement. Many disputes are resolved this way without going to a full hearing.
The Due Process Hearing If no agreement is reached, a hearing is held. Both sides can present evidence, call witnesses, and have lawyers or advocates represent them. A hearing officer will review the case and issue a decision, usually within 45 days after the resolution period ends.
Appeal (if needed) If either party disagrees with the outcome, they can appeal the decision in state or federal court.
Why Parents Use Due Process
Parents turn to due process when they believe their child is not receiving the education they are entitled to under IDEA. Common situations include:
The school refuses to evaluate a child for special education
The IEP team won’t include services the parent believes are necessary
The parents and school disagree on placement for a FAPE
The school is not following the IEP as written
The school disciplines a child for behavior that is related to their disability
Due process gives families a legal voice and a chance to advocate for their child’s needs when informal discussions have failed.
Challenges with Due Process
While due process is a critical legal protection, it can also be complex, expensive, and stressful for families. Some challenges include:
Legal costs: Hiring an attorney or advocate can be expensive, and schools often have legal teams.
Time: The process can take months, especially if appeals are involved.
Intimidation: The formality of a hearing can feel overwhelming for parents unfamiliar with legal procedures.
Power imbalance: School districts may have more resources and experience with the process, making it hard for parents to feel heard.
How Shefter Law Can Help
At Shefter Law, we understand the challenges families face when navigating the due process system. Our firm is dedicated to representing parents and students in special education disputes. Here’s how we can support you:
Case Evaluation: We review your child’s IEP, evaluations, and school records to determine whether your child’s rights under IDEA are being met.
Due Process Representation: We prepare and file due process complaints, gather evidence, represent you at hearings, and advocate for the services your child needs.
Mediation and Resolution: We work with families and schools to reach agreements without going to a hearing whenever possible.
Clear Communication: We break down the legal jargon, so you fully understand your rights and options every step of the way.
Our goal is simple: to help your child receive the appropriate education they are legally entitled to—and to empower you, as a parent, to advocate with confidence.
Tips for Parents Considering Due Process
If you’re thinking about due process, here are some steps to prepare:
Keep detailed records of IEP meetings, evaluations, emails, and communications with the school.
Know your rights under IDEA and your state’s special education laws.
Talk to an a special education attorney to understand your options.
Consider mediation as a first step—it’s less formal and often faster.
Focus on your child’s needs, not just legal technicalities.
Conclusion
Due process is a powerful tool for protecting your child’s right to an appropriate education. While it can be a difficult journey, the right legal support makes a difference. Shefter Law is here to guide you through the process—helping you stand up for your child’s rights and secure the services they deserve.
Understanding Due Process: A Parent’s Legal Path in Special Education
By: Frances Shefter, Esq.
When a child receives special education services, it’s essential that their educational rights are protected. Sometimes, though, parents and schools don’t agree on what services a child needs or how those services should be provided. That’s where due process comes in—a formal legal procedure that gives parents a way to resolve disputes with the school district.
Due process is part of the Individuals with Disabilities Education Act (IDEA), the federal law that guarantees students with disabilities the right to a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). Here’s what every parent should know about this legal path.
What Is Due Process in Special Education?
Due process is a formal hearing, similar to a court trial, where both the parent and the school district can present evidence and argue their case in front of a neutral hearing officer. It is used when other methods of resolving disagreements—like IEP meetings or mediation—have failed.
A parent might request due process if they disagree with:
Steps in the Due Process Timeline
Due process doesn’t happen overnight. There are several steps involved:
The process begins when a parent or school files a written complaint describing the disagreement. This complaint must be filed within two years of when the issue occurred.
Within 15 days of the complaint, the school must schedule a resolution session with the parents. This is a chance to resolve the issue without going to a hearing. If both sides agree, they can skip this step and go to mediation.
Mediation is a free, voluntary process where a neutral third party helps both sides reach an agreement. Many disputes are resolved this way without going to a full hearing.
If no agreement is reached, a hearing is held. Both sides can present evidence, call witnesses, and have lawyers or advocates represent them. A hearing officer will review the case and issue a decision, usually within 45 days after the resolution period ends.
If either party disagrees with the outcome, they can appeal the decision in state or federal court.
Why Parents Use Due Process
Parents turn to due process when they believe their child is not receiving the education they are entitled to under IDEA. Common situations include:
Due process gives families a legal voice and a chance to advocate for their child’s needs when informal discussions have failed.
Challenges with Due Process
While due process is a critical legal protection, it can also be complex, expensive, and stressful for families. Some challenges include:
How Shefter Law Can Help
At Shefter Law, we understand the challenges families face when navigating the due process system. Our firm is dedicated to representing parents and students in special education disputes. Here’s how we can support you:
Our goal is simple: to help your child receive the appropriate education they are legally entitled to—and to empower you, as a parent, to advocate with confidence.
Tips for Parents Considering Due Process
If you’re thinking about due process, here are some steps to prepare:
Conclusion
Due process is a powerful tool for protecting your child’s right to an appropriate education. While it can be a difficult journey, the right legal support makes a difference. Shefter Law is here to guide you through the process—helping you stand up for your child’s rights and secure the services they deserve.
Categories