What is a Due Process?

A Due Process complaint is a formal written request initiated under the Individuals with Disabilities Education Act (IDEA) when a parent, guardian, or school district believes that there has been a violation of a child’s rights related to special education.  It is a critical tool in resolving disputes about a child’ eligibility for services, the appropriateness of an Individualized Education Program (IEP), or the delivery of services.

The process starts with a resolution meeting between the parents and the school district to try and work things out. If there’s no agreement, the next step is a Due Process hearing.  A Due Process hearing is a formal legal proceeding where both sides present evidence and witnesses to an impartial hearing officer.  The hearing officer listens to both sides and issues a Hearing Officer Determination that is legally binding order.

At Shefter Law, we guide families through every part of the Due Process procedure, offering legal support and advice to make sure their child’s rights and needs are fully addressed. We understand that the process can be both emotional and complex, so we strive to keep everything clear and supportive.

Want to learn more about special education? Read our blog here. Check out this video for more helpful insights: