Federal regulations require certain schools to provide a disabled
student’s parents with a notice regarding procedural safeguards at
least once per year. These safeguards effectively summarize the many
rights and protections that disabled students have. One of the first
steps in seeking a remedy for disabled students is often obtaining
these procedural safeguards.
Parents can look to protect and enforce their disabled child’s rights
by filing a due process complaint alleging a violation. These
violations are typically related to a) the identification, evaluation,
or educational placement of the disabled child; or b) the denial of a
free and appropriate public education to the disabled child.
Within ten days of being served the due process complaint, the
disabled student’s school district must provide further detail on the
individual circumstances and information regarding the treatment of
the disabled student by the school and related entities.
Parents have the right to have an independent educational evaluator
evaluate their disabled child. Under certain situations, Parents can
even do so at the expense of the public educational agency. The filing
of a due process complaint is the typical method to seek this and
After the filing of a due process complaint, an independent hearing
officer is assigned to conduct an impartial hearing and issue a ruling
on your case. It is during the hearing process that your case is made