Due Process Rights ~ Disagreements/Problem Solving

If you have problems or disagreements concerning your child’s special education program you have the right to take steps to resolve your areas of disagreement.

Both the Federal Law (Individuals with Disabilities Education Act – IDEA’04) and the State Law (PA Regulations and Standards) give you that right.

If you have tried to work with the School District, yet they have not resolved your concerns regarding your child’s special education program/placement you can:

• Request a Due Process Hearing
  
  
• Within 15 calendar days the School District should schedule a Resolution Session to try to resolve the issue
  
  
• Put your request in writing (for official forms click here: http://odr.pattan.net/files/odr/dpcomplaintnotice.pdf
  
  
• Make sure you put the date on your request
  
  
• Keep a copy for your archives
  
  

If both you and the school district agree to waive the resolution session and go straight to a due process hearing then they have 30 calendar days to conduct the Due Process Hearing, and a the decision should be rendered within 45 days, unless an extension is granted. You can also agree to go to a Mediation Session instead of a Resolution Session.

Note: At a Due Process Hearing the School District will have an attorney present, therefore – although it is not mandatory – we recommend for a parent to have an attorney representing them, if possible. However if a parent can not have a lawyer this should not discourage them from requesting a Due Process Hearing.