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Special Education Law

Due process complaints for children with special needs

On Behalf of | Apr 8, 2020 | Firm News |

Students with disabilities require added care to craft a learning program that fits their particular needs. The first step in that process is recognizing those special needs. For many parents who don’t have the experience in identifying those learning issues, this can be a challenging endeavor, one that comes with many obstacles by way of their school district.

Due process complaints

When Congress revised the Individuals with Disabilities Education Act (IDEA), provisions were added to improve the due process as it relates to special needs students. Students have a legal right to a ‘free and appropriate public education (FAPE). Through the use of Individualized Education Programs (IEPs), schools must cater to the student’s particular learning requirements. Unfortunately, the burden for recognizing a school system’s failure to recognize and implement plans for eligible students is on the parents. A parent’s main tool for getting their children access to the services and support they need is by a due process complaint. Here’s what you need to know about that process:

  • Parents have a right to challenge a school district that denies their children a free and appropriate public education. The procedure for doing this is called a ‘due process hearing.’
  • Due process complaints may be filed through the California Office of Administrative Hearings (OAH), which provides a neutral platform for ‘fair and independent resolutions’ between parents and a school system via an impartial judge.
  • If a school district has failed to hold an Individualized Education Program meeting, student evaluation, or complete other necessary tasks within state and federal guidelines, this may be cause for a due process complaint.

Upholding your child’s rights

You want your child to receive the best education they possibly can. A significant part of that education relies on the guidance of teachers and administrators to adapt to the learning styles and special needs of their students. In California, schools have a legal responsibility to provide individualized education standards for students with special learning requirements. Don’t let your child’s education fall by the wayside, find an attorney with experience in due process cases for students with special needs.