Special education due process exists for the disagreements that cannot be resolved at the IEP table. When collaboration stalls, a documented record and a clear procedural path make the difference.
Most disagreements resolve at the IEP table. Some do not. When a district refuses an evaluation, denies services, changes placement without notice or fails to implement a plan, formal dispute resolution exists for exactly this reason.
There are several paths, and choosing the right one matters. Mediation is faster and preserves the relationship. A state compliance complaint addresses procedural violations. A due process hearing resolves disagreements about identification, evaluation, placement and services.
Our role is to help you build the record that makes any of these paths viable — and to help you decide whether escalation is actually in your child’s interest.
Documentation comes first. Before any formal filing, you need a written record: what you requested, when, what the district said, and what happened as a result. We help families create that record early rather than reconstructing it later.
A voluntary, confidential process with a neutral mediator. Faster and less adversarial than a hearing, and available in both states.
Filed with the state education agency. Addresses procedural violations such as missed timelines, failure to implement an IEP or failure to provide prior written notice.
A formal hearing before an administrative law judge or hearing officer. Resolves disputes about eligibility, evaluation, placement and services.
In many cases a meeting must be held within 15 days of a due process filing to try to resolve the dispute before a hearing.
When services were missed, families can request make-up services. This is often the most practical remedy.
We are not attorneys. When a matter requires legal representation, we help you identify when to bring one in and what to prepare.
| Arizona | California | |
|---|---|---|
| Due process forum | Arizona Department of Education hearing process | Office of Administrative Hearings (OAH) |
| Compliance complaints | ADE Special Education Dispute Resolution | California Department of Education |
| Pre-filing meeting | Resolution session required in most cases | Resolution session required in most cases |
| Mediation | Available through ADE | Available through OAH |
We review the record and tell you honestly whether you have a viable dispute and what remedy is realistic.
We organize evidence, quantify missed services and draft the written record.
We prepare you for mediation or hearing and coordinate with your attorney when one is involved.
No. Parents may file and represent themselves. However, hearings are formal and legally technical, and many families choose to work with an attorney. We can help you prepare the record and decide when legal representation is warranted.
Timelines vary by state and complexity. Arizona and California both aim for a hearing within roughly 45 days of the filing, though extensions and resolution sessions can lengthen the process.
Yes, if the issue is a procedural violation, such as a missed timeline or a failure to implement the IEP. If the dispute is about what services are appropriate, due process is the correct forum.
Services provided to make up for services the district failed to deliver. They can take the form of additional hours, extended services or reimbursement for privately obtained services.
A free consultation will help you decide whether a formal dispute is the right next step.
