Due process is the legal mechanism that allows parents and guardians to challenge decisions made by schools regarding their child's Individualized Education Program (IEP) or Section 504 Plan. Federal law guarantees parents the right to dispute identification, evaluation, placement, and the provision of a free appropriate public education (FAPE).
10 steps across 1 sections
1. Steps Process
- Identify the disagreement. Clearly define what you disagree with: the evaluation results, eligibility determination, proposed services, placement, or failure to implement the existing plan.
- Attempt informal resolution first. Schedule a meeting with your child's teacher, special education coordinator, or principal to discuss your concerns. Many issues can be resolved through open commu...
- File a written complaint or request mediation. If informal resolution fails, you have several formal options:
- State complaint: Write to your state education agency identifying the specific IDEA/504 provisions the school has violated. The agency must investigate and resolve the complaint within 60 calendar days.
- Mediation: Request mediation through your state education agency. A neutral third-party mediator helps both sides reach a voluntary agreement. Mediation is free, confidential, and does not waive your right to...
- OCR complaint (504 only): File a complaint with the Office for Civil Rights (OCR) of the U.S. Department of Education within 180 days of the alleged violation.
- File a due process complaint (IEP). If mediation fails or you prefer to proceed directly:
- Submit a written due process complaint to the school district and state education agency.
- Include: child's name and address, school name, description of the problem, relevant facts, and your proposed resolution.
- The complaint must be filed within 2 years of when you knew or should have known about the violation.
Common Mistakes
- Not documenting everything
- Waiting too long to file
- Skipping informal steps
- Not understanding "stay-put" rights
- Going in without preparation
Pro Tips
- Get free legal help
- Request mediation early
- File both a state complaint and due process if appropriate
- Record IEP meetings (where legal)
- Use your Procedural Safeguards Notice