You're Ready to File for Due Process
You've tried working with the school. They won't listen. Filing a due process complaint is the strongest legal tool IDEA gives parents — and we handle it for you.
What's Happening
You've been to the IEP meetings. You've written the emails. You've asked for services, accommodations, or evaluations — and the school has refused, delayed, or simply ignored you. When informal efforts fail, IDEA gives parents the right to file a due process complaint and take the school district to a formal hearing before an impartial hearing officer. This is not small claims court — it's a specialized legal proceeding where a hearing officer can order the school to provide services, change placements, and pay for compensatory education.
Your Child's Rights
- ✓ You have the right to file a due process complaint on any matter related to the identification, evaluation, educational placement, or provision of FAPE to your child. The complaint must include specific factual allegations and a proposed resolution.
- ✓ Once you file, the "stay-put" provision freezes your child's current placement and services. The school cannot make changes while the case is pending — this is one of the most powerful protections in IDEA.
- ✓ Before the hearing, a mandatory 30-day resolution period gives the school one last chance to resolve the dispute. If they don't resolve it, the case proceeds to a hearing within 45 days.
- ✓ You have the right to be represented by an attorney at the hearing. If you prevail, the school district may be ordered to reimburse your attorney's fees — which is why LegalAction can represent families at no out-of-pocket cost.
- ✓ The two-year statute of limitations means you can challenge violations going back two years from the date you knew or should have known about the issue. Don't wait — the clock is running.
How LegalAction Helps
Case Evaluation
We review your child's full history — IEPs, evaluations, emails, meeting notes — to build the strongest possible case and identify every violation.
Due Process Complaint Drafting
We draft and file the due process complaint notice with the specific factual allegations and proposed resolutions required by IDEA.
Resolution Session Negotiation
We represent you during the 30-day resolution period to negotiate a settlement — many cases resolve here without needing a full hearing.
Hearing Representation
If the case goes to hearing, we handle everything — evidence preparation, witness examination, legal arguments, and post-hearing briefs.
Don't Wait — Your Child's Education Is at Stake
The two-year statute of limitations is running. Every day you wait is a day of potential claims you can't recover. Contact us now for a free case evaluation — if we take your case, you pay nothing out of pocket.
