Understanding Due Process

in Special Education

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What Is Due Process?

Due process is a formal way to resolve serious disagreements between families and school districts about a child's special education services. It’s part of the law (IDEA – Individuals with Disabilities Education Act) and is meant to protect your child's rights.

 

What Leads to Due Process?

You might consider due process if:

• Your child isn’t getting the services listed in their IEP.

• You disagree with how the school is identifying or evaluating your child.

• You feel your child’s placement isn’t appropriate.

• The school refuses a service or change you believe your child needs.

Before this stage, most parents have tried IEP meetings, emails, and informal talks with the school—often without success.

 

What Happens During Due Process?

1. Filing a Complaint
   You (or the school) submit a due process complaint in writing.

2. Resolution Meeting
   You’ll be invited to a meeting with the school to try to resolve the issue before going to a hearing.

3. Mediation (Optional)
   A neutral person helps both sides talk and find common ground.

4. Due Process Hearing
   If no agreement is reached, a hearing takes place—similar to a court trial. A hearing officer listens to both sides and makes a decision.

5. Decision
   The hearing officer issues a legally binding decision. Either side can appeal.

 

What Parents Can Expect Emotionally

Due process can be stressful. Many parents feel:

• Overwhelmed by legal terms and deadlines.

• Frustrated or angry.

• Worried about their child’s future.

• Exhausted by how long the process takes.

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How to Prepare

Parents can prepare themselves but it's not recommended. Hiring an attorney can increase your chances of success. In most states, the parent must prove that the school did not follow the law or provide appropriate services. 

You can still:

• Document Everything
  Keep records of IEPs, emails, evaluations, and meeting notes.

• Know Your Rights
  Learn about IDEA and your state’s rules. 

• Stay Organized because there are strict timelines.
  Use a binder or digital folder to track everything.

• Get Support
  Reach out to parent centers, special education advocates, or local support groups.

 

There Are Strict Timelines

• You must file a due process complaint within 2 years of when you knew (or should have known) about the issue—unless your state law allows a different timeline.

• Once filed:

  • The school has 10 days to respond.

  • A resolution meeting must occur within 15 days.

  • The due process hearing must occur within 30–45 days after that, depending on the state.

**Missing deadlines can result in your case being dismissed

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Retaliation by the School Is Illegal

• It is illegal for the school to retaliate against you or your child because you filed for due process.

• If you feel this is happening, document it and consider filing a civil rights complaint or contacting an attorney.

 

A “Stay Put” Rule Applies

 

• Once you file for due process, your child’s current placement and services must stay the same (this is called the “stay put” provision) until the case is resolved—unless you and the school agree to a change.

This protects your child from losing services while the dispute is ongoing.

 

Decisions Are Legally Binding

• A decision made by the hearing officer is final and enforceable unless appealed.

• If either party disagrees, they can appeal in state or federal court within a certain number of days (usually 90).

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Winning Doesn’t Always Mean Everything Will Change Overnight

• Even if you win, implementation may take time.

• Be prepared to follow up, advocate, and make sure the school follows the order.

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How to Avoid Due Process (If Possible)

Before it gets to this stage, try:

• Talking regularly with your child’s teacher or case manager.

• IEP Facilitation: Ask for a trained facilitator to help guide an IEP meeting if things feel tense.

• Mediation: Use mediation early—it’s free and voluntary in most states.

• Bring a Support Person: Have an advocate or trusted person attend IEP meetings with you.

Sometimes just showing the school that you’re informed and organized can lead to better collaboration.

 

Final Thoughts

Due process is your right—but it’s also your last resort. Most conflicts can be resolved through open communication, teamwork, and support. Still, if you need to take legal action to protect your child’s education, don’t be afraid to use it.