Providing Parents
 Legal Advocacy For Children’s Educational Rights

Representation & Due Process

Upon having disagreements with your school district's decisions regarding assessment, eligibility, placement or services for your child, you may appeal and request a Due Process Hearing. Due Process Hearings take place before an impartial Administrative Law Judge of the Office of Administrative Hearings. There are 2 steps prior to going to a Due Process Hearing:

  1. Resolutions Session: Prior to a hearing, and within 15 days of receiving notice of the complaint, the school district shall convene a Resolution Session.
  2. Mediation: If the issues are not resolved in the Resolution Session, then parents may elect to go to a mediation where a neutral mediator will facilitate negotiations between the parents and schools district to reach an agreement.

Due Process Hearing: When the parties have failed to reach an agreement, you may proceed to a due process hearing. This is a trial where evidence is presented and witnesses testify. If you do not agree with the outcome of the hearing, you can appeal the decision  to state or federal court.

Disputes can center around disagreements such as the following:
  • A Child's Evaluation
  • A Child's Eligibility
  • A Child's Placement
  • Related Services