Pursuing a due process hearing on your child’s IEP

On Behalf of | Aug 15, 2023 | Education Law |

Your child’s IEP can be crucial to their success at school. Although a lot of consideration should go into the development of your child’s IEP, all too often, they’re insufficiently thrown together or school personnel fail to abide by them. This puts your child at a disadvantage, not allowing them from receiving the education they need and deserve. When this happens, you should be prepared to take legal action.

Pursuing legal action against a school for an IEP violation

If you feel like your child’s IEP should include alternative placement or additional services, you should take action to protect your child’s rights. There are several ways to try to resolve the dispute you’re having with your child’s school, including using mediation and filing a state complaint. Another option at your disposal is to request a due process hearing.

This hearing is heard by an impartial individual and requires you to make allegations that are specific to the applicable education law. More specifically, you’ll want to allege facts that demonstrate that the school has denied free and appropriate public education, and you should propose ideas for resolving the matter. In your complaint, you can request additional services, different placement or reimbursement for private school tuition and services.

The outcome of the due process hearing is binding, although it can be appealed through applicable state processes and even up through the court system. Although you have these appellate avenues, you need to ensure that you present the best case possible at the due process hearing so that you’re making the best record possible for appeal.

Are you ready to pursue your education law case?

The stakes are high when you’re dealing with your child’s educational needs. That’s why you’ll want to be as thorough as possible as you prepare your arguments. Hopefully then you can secure an outcome that provides your child with the educational resources they need.