Should a special education parent sue the school district?

Do you want to sue the school district?

Some special needs parents have heard the phrase Due Process complaint in passing, but are not sure what it is.  It’s when a parent requests an administrative hearing because the school district has violated their special needs child’s rights.

In California due process complaints usually settle without proceeding to a hearing, which is presided over by an administrative law judge. For more information on what a Due Process Complaint is, see this link

Keep these 3 things in mind when considering due process:

1. Remember what a due process complaint can get you. If your complaint is settled or you win at a hearing, you’d be entitled to instruction and services to make-up for the school district’s violations. You could also get the district to pay tuition at a Non Public School (NPS) or private school.

2. Due process is not a magic bullet to solve your child’s problems in school. Many parents believe that filing due process will cause their school to magically change its behavior toward their child. Unfortunately that’s not true. Some schools change and some schools don’t.

3. Due process is not a punishment for schools. Filing a due process complaint against them, asserting your rights, does have consequences for them. It costs them money, stress and embarrassment. It doesn’t often make awful people into good ones. It doesn’t change how most school districts behave. I wish it did. It might cause some administrators to reflect next time they think about doing this to someone else.

If we decide to work together, we’ll talk about the whole process in detail and what you will ask for to make-up for the instruction and services that your child has lost.  Complete this quick questionnaire to connect with Allison and start the process!