When your child’s education is on the line and you’ve tried everything else, it may be time to consider due process. That can sound scary—but it doesn’t have to be.
Due process is your legal right. It exists to help parents resolve serious disagreements with their school district when informal attempts haven’t worked.
This guide will walk you through what due process is, when and how to file, and what to expect—so you can make informed decisions and feel more confident in standing up for your child’s rights.
What Is Due Process in Special Education?
Due process is a formal legal procedure that allows parents and school districts to resolve disputes related to a child’s:
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Identification as a student with a disability
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Evaluation results
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Educational placement
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Services and supports listed in the IEP
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Denial of FAPE (Free Appropriate Public Education)
It is governed by the Individuals with Disabilities Education Act (IDEA) and protected under both federal and California state law.
In California, due process hearings are handled through the Office of Administrative Hearings (OAH)—a neutral agency that oversees the process from filing through resolution.
When Should a Parent Consider Due Process?
Before you file, it’s important to try resolving the issue through:
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IEP team meetings
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Written requests and communication
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Mediation or informal resolution
But if those efforts fail, due process may be appropriate when:
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Your child is being denied critical services or supports
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The school refuses to assess your child or ignores evaluation requests
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You believe the IEP is inadequate or not being implemented
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There is a disagreement about placement or disciplinary actions for a child with a disability
Tip: You don’t have to file immediately. Sometimes, the threat of due process opens the door to meaningful resolution.
What Are the Steps in the Due Process Timeline?
Here’s a simplified breakdown of what happens when you file for due process in California:
1. Filing the Complaint
You file a written request (called a “Due Process Complaint”) with the OAH and send a copy to your school district. The complaint must clearly state:
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The nature of the problem
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Relevant facts
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What resolution you are seeking
2. Resolution Session (within 15 days)
The district must offer a resolution session to try to settle the case informally. You can waive this if both parties agree.
3. Mediation (optional but encouraged)
You may be offered a voluntary mediation through the OAH to reach an agreement without going to hearing. Many cases are resolved at this stage.
4. Pre-Hearing Conference
If mediation doesn’t resolve the issue, the OAH will hold a pre-hearing conference to discuss logistics, witnesses, evidence, and procedures.
5. Due Process Hearing
This is a formal, trial-like hearing where both sides present evidence and testimony. An administrative law judge will issue a written decision based on the facts and the law.
6. Decision Issued
A written decision must be issued within 45 calendar days of the resolution period ending (unless extensions are granted).
What Can You Ask for in Due Process?
Depending on your case, you may request:
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Compensatory education (services your child should have received)
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Changes to the IEP or placement
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Reimbursement for private services or evaluations
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Independent Educational Evaluation (IEE) at district expense
If you win your case, you may also be entitled to have the district pay for reasonable attorney’s fees.
Do I Need a Lawyer or Advocate?
Due process is a legal proceeding, so it’s a good idea to seek support from:
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A special education attorney (especially for complex cases)
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A trained special education advocate who understands the hearing process
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Organizations like Disability Rights California or COPAA
Even if you’re not ready to file, consulting with someone who knows the process can help you decide your best next step—and possibly resolve the issue before going to hearing.
What If I Lose?
Not every case results in a win—but you still have options:
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You may appeal the decision in state or federal court
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You can continue working with the district to negotiate future services
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You can adjust your advocacy strategy with help from a professional
Every case is different, but losing doesn’t mean giving up. It’s about learning, regrouping, and continuing to stand up for your child’s needs.
Final Thoughts: Due Process Is a Tool—Not a Threat
No parent wants to end up in due process. But sometimes, it’s the only way to ensure your child receives the education they’re legally entitled to.
You deserve to be taken seriously—and sometimes, exercising your rights is the only way to make that happen.
Need Help Navigating Due Process?
At Pathway to Advocacy, I help families across California:
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Understand when due process may be appropriate
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Prepare documentation, evidence, and strategy
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Explore mediation and informal resolution first
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Find attorney referrals when needed
📩 Contact me to schedule a consultation
🔍 Learn more about how I support families
You are not alone—and your child’s education is worth fighting for.
