If you are brand new to the world of special education, IEPs, and 504s, then you may not be familiar with the term “due process” as it relates to special education. We have all heard it on cop/courtroom shows on TV, but it also has a role in your child’s scholastic career.
When your child has a disability and is tested for special education eligibility, the parents and the rest of the IEP team meet to discuss the child’s needs (the assessments), how the team will support the child (the goals and baselines), and in what educational environment the team will support the child (placement).
Most of the time, parents and school staff work together and come up with an IEP document that works for everyone on the IEP team. When parents and the school-based IEP team are not able to agree on assessments, eligibility, placement, or quantity and type of services, most teams continue to work for an additional (variable) period of time to see if they can come to a compromise that works for everyone.
If parents and team get to the point where they cannot agree on one of these key items, then either parent or the district must file for due process in order to get help in resolving the disagreement. One additional case where due process comes up is if parents request an IEP, the District’s only options are to agree or to file for due process.
So, what is due process in special education, and how does it work?
Due process means either the parents or the district contact an attorney, and file to sue the other person. It sounds scary, and it’s more than a little uncomfortable and very stressful (speaking from our personal experience as parents).
There are, however, several steps in the process before you end up in front of a judge and most cases settle without having to go that far. In most cases: you, your attorney, the District, and their attorney will have an informal resolution session to see if you can work things out. If so, you collectively draw up an agreement, sign it, and move on. If that isn’t successful, you then can opt to go to mediation. You and your attorney will meet with the District and their attorney along with a mediator (a judge or former judge) who acts ONLY as a mediator between you and them. Again, if you work things out here, you leave with a signed agreement.
If that is not successful, you would then prepare to go to court and have a full hearing in front of a judge for due process in special education. If you win, then the district will have to pay your attorney’s fees. None of this is easy and it is all stressful, but if your child’s educational needs are not being met, due process in special education may be the route to go.