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You Disagree with Your Child’s IEP or Eligibility for Special Education. Now What?

  • IEP
You disagree with your child's IEP or eligibility for special education... now what?

If you disagree with your child’s IEP or their eligibility for special education, you are not alone, and we’re here to help you understand what comes next if it does come to filing a due process.

Check out this graphic to help give you a better idea! 

Filing a due process: This is a formal legal process designed to resolve disputes under the Individual with Disabilities Education Act ("IDEA") and accompanying California Education Code. Resolution: The idea behind resolution is to attempt to quickly resolve the dispute. Parents may bring an attorney, which is advisable, and if they do, so will the district. Mediation: The benefit of mediation is it can help everyone better understand teach other's points of view. While often tiring and emotional, mediation affords the parties the ability to decide on a solution rather than risk having the case go before a court where there is little to no control on how a judge will rule. Pre-hearing: This is a meting between the parties and the judge. The judge will being the meeting by reviewing the complaint, issues, and remedy. Trial: A formal legal proceeding where a parent and a school present their respective cases before a judge. There is no jury. The judge is the sole decision-maker. The judge will typically decide a case within 45-60 days from the day the closing brief is submitted. Either party may appeal a decision in 90 days.

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If you feel your child’s educational rights have been violated, please contact our office for a free consultation.

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