What is a Special Education Due Process Complaint?

A due process complaint in special education is a formal legal process that parents may utilize if they feel their child has been denied their special education rights. If a parent disagrees with a special education evaluation, placement, or IEP provision, they can dispute it by filing a due process complaint. The purpose of special education due process is to resolve the disagreement and ensure the child has access to the services and accommodations they need. The steps of a due process complaint typically include:

1. File Complaint: The parent submits a written complaint to the state department of education or their corresponding dispute resolution agency. 

2. Resolution: The involved parties may try to resolve the dispute informally, possibly through mediation, after the complaint is received.

3. Due Process Hearing: If the dispute is not resolved informally, a hearing officer will listen to the evidence and arguments presented by both sides.

4. Decision: The hearing officer will provide a written decision after the due process hearing.

5. Remedies: The written decision will state whether a violation has occurred and detail the remedies needed to resolve it.

6. Appeals: Either party may have the ability to appeal the decision if they disagree with it.

Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry and is widely regarded by both clients and legal professionals as a significant honor.

Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law matters in New York as well.

If you have any questions or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.