For additional information, see the list of resources at the end of this document. This is a formal process that parents and school districts can use when informal attempts to resolve a conflict fail. For example, these procedures require that the parents be given notice of their rights at various points including when the child is evaluated or reevaluated, in notices for IEP meetings, and when the parents make a complaint. When there is disagreement as to whether a child qualifies under IDEA, the content of the IEP, or the child's placement, either the parents or the school district may request a due process hearing from the state education agency. Once such a request is filed, the school district must tell the parents that they can attempt to resolve their dispute through mediation if they would like to do so.
Mediation is a way of trying to reach agreement with the help of a neutral party.
A due process hearing is an administrative hearing conducted by an impartial hearing officer. Your state law sets forth exactly how this hearing process works in your state. This is different than the due process hearing described above. Each state is required to establish written procedures for resolving these kinds of complaints. The procedures include an independent investigation and a written decision within 60 days.