Special education due process is a formal process for parents or guardians of special education students to seek redress of grievances against a school. It is typically used when parents feel their child’s needs are not met. The process involves legal representation for both parties and a judge who ultimately decides on the case. Other methods of resolution include informal dispute resolution and mediation. Certain needs must be met by law, such as those set forth by the Individuals with Disabilities Education Act.
Special education due process is a means by which the parent or guardian of a special education student can seek redress of grievances against a school. This is typically the most formal type of process available to a student’s parent or guardian; the other two common processes are informal dispute resolution and mediation. When due process is used, the case is taken to court and heard by a judge, typically with legal representation for the student’s and school district’s parents or guardians. Special education due process is typically used in situations where parents feel that their child’s needs are not adequately met by a school’s special education program.
While different countries may have different applicable procedures for due process for special education, in the United States this process is often the most formal type of legal recourse one might seek. The other two methods that a parent or guardian of a special education student can use are informal dispute resolution and mediation. Dispute resolution typically involves a student’s parents or guardians meeting with a school representative to find a compromise where both parties are satisfied. Mediation usually involves each party trying to find a solution, with the assistance of a judge who mediates but does not rule on the case.
If these two other means of resolution have not worked, you can use due process for special education. This type of resolution is similar to a legal process and usually involves legal representation for both parties, who argue the merits of the case before a judge. Unlike mediation, the judge in special education due process ultimately decides on the case, and this ruling can be appealed before higher courts just like any other legal ruling.
Due process for special education is typically used in situations where the parents or legal guardians of a student with special needs feel that those needs are not being met by the school that the student attends. Legally, certain needs must be met, as set forth in the United States by the Individuals with Disabilities Education Act (IDEA) and similar laws in other countries. In the United States, these needs include special programs that must be established to help the student learn more effectively, including speech therapy and physical therapy. If these needs are not met, a parent or guardian for a student can pursue special education due process and typically will want to hire the services of an education attorney.
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