Due Process Hearing

Los Angeles Special Education Attorney

If you and the school district cannot agree on your child’s eligibility for an individual education plan (IEP), the details of the IEP, or other aspects of your child’s special education, a due process hearing may be necessary to resolve the dispute. A parent or the school district may request a due process hearing. You have the option of trying mediation first. If you are considering requesting a due process hearing, or if one has already been requested, please talk to Los Angeles special education attorney Fred J. Fleming right away.

Due Process Hearing vs. Compliance Complaint

In some types of situation you should file a compliance complaint rather than request a due process hearing. Compliance complaints are appropriate when the school district has violated special education law, failed to implement an IEP, or is in some other way out of compliance.

A due process hearing is appropriate when parents and the school district cannot reach an agreement regarding aspects of your child’s education such as:

  • IEP eligibility
  • Evaluation
  • Placement
  • Services
  • Changes to the IEP program
  • Disciplinary action – expulsion or suspension

A special education lawyer can help you determine whether a compliance complaint or due process hearing is called for in your situation.

The Due Process Hearing

The due process hearing is similar to a civil trial. It is held in front of an Administrative Law Judge. Both sides make an opening statement, call witnesses, present evidence, and make a closing statement.

You are not required to use an attorney during your due process hearing, but it can greatly increase the likelihood of a positive outcome. A due process hearing is a formal and complicated legal proceeding, like a trial.

Resolution Meeting and Mediation

If you request a due process hearing, the school district must offer to hold a resolution meeting in which you meet with a representative of the district and attempt to work things out. If you can reach an agreement it is put in writing and is legally binding. You can refuse to have a resolution meeting. If the school district has requested the due process hearing it does not have to offer a resolution meeting.

You can also try mediation before a due process hearing. Mediation is not as formal as a due process hearing, and gives you a chance to try to work things out with the help of an impartial third party.

If you have questions about a special education dispute or are considering a due process hearing, the Law Office of Fred J. Fleming can help. Please contact us online right away to learn more and schedule your initial consultation.

The materials on this website are for general information purposes only. This website does not create an attorney-client relationship.
Any description of previous success is not intended to and does not imply success regarding your potential lawsuit or hearing.