A due process hearing gives professionals and parents the chance to resolve their conflicts over special education evaluations, individualized plans, and placements. Parents should try to negotiate with school personnel first.
Federal law requires state education agencies to offer parents the opportunity to use mediation.
Parents may also file a formal complaint with the state educational agency. The decision to request a hearing should be made after other methods to resolve the dispute have failed, because hearings can take significant time, energy, and money. Due process procedures apply to the identification, evaluation, education, or placement of students with disabilities. Typical reasons for requesting hearings include termination of services or supports, suspension for disability-related behavior, objections to placements, or other failures of the school district to comply with special education laws. Both sides present arguments before a due process hearing officer, who then decides how the dispute will be resolved.