Due Process in Special Education: Individuals with Disabilities Education Act (IDEA) Law

A “Due Process Complaint” under the Individuals with Disabilities Education Act (IDEA) referred to a formal written complaint filed by a parent or guardian of a child with a disability or by a school district regarding any aspect of the child’s identification, evaluation, educational placement, or provision of a free appropriate public education (FAPE).

Once a Due Process Complaint was filed, the educational agency (school district) had to convene a resolution session within a specified time frame to attempt to resolve the complaint. If the complaint was not resolved through this process, a due process hearing could be requested, where an impartial hearing officer presented his/her decision based on the evidence and arguments presented by both parties.

Due Process Complaints were a critical mechanism under IDEA to ensure that children with disabilities received the appropriate educational services and support guaranteed by federal law.

The webinar, which took place on September 4, 2024, provided parents with essential information on what they needed to know if they planned on or had filed a due process complaint against a school district.