IEP Due Process 101: Filing, Mediation, and the Hearing

Article
Apr. 22, 2022Updated Nov. 9, 2022
In this two-part series, we sat down with Dina C. Kaplan, a special education attorney at Vanaman German LLP, and Chris Arroyo, Los Angeles Regional Office Manager for the California State Council for Developmental Disabilities, to talk about the process of resolving educational disagreements. In the first installment, we discuss how to sign an IEP when you disagree with all or part of it, what due process entails, and the available options to help you resolve the dispute. Here, we look at how to file for due process, what happens during mediation, and how to prepare for a due process hearing.

Filing for due process in special education

Resolution meeting

Formal mediation to address IEP disputes

What will happen at your mediation meeting?

The due process hearing

Pre-hearing conference

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Contents


Overview

Filing for due process in special education

Resolution meeting

Formal mediation to address IEP disputes

What will happen at your mediation meeting?

The due process hearing

Pre-hearing conference

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Related Parent Questions

Should I agree to a confidential settlement agreement with the school district?
A successful informal meeting or mediation is likely to result in a confidential settlement agreement between you and the district. It is wise to consult a lawyer to make sure you fully understand the implications before agreeing to any waiver.
How do I ask for ADR?
In most cases, a parent should call their SELPA directly, or ask their IEP case manager to call the SELPA for them. In L.A. Unified School District (LAUSD), however, parents must call the Educational Equity Compliance Office.
What does a special education attorney do?
Attorneys are licensed to practice law, so they are able to do things that advocates cannot do, such as provide legal advice, assist with the preparation of a due process complaint, appear on your behalf at a hearing, and perform legal and courtroom procedures.

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