Our special education law practice is limited to autistic children who are members of Regional Center and whose parents want to file due process complaint to add/change a special-needs service (i.e.: 1:1 aide, ABA OT, speech). This limitation is based upon the experience that our office specifically has with autistic individuals. Therefore, in regards to a due process complaint, we do not represent families where the child exclusively has ADHD, Intellectual Disability, Epilepsy, Cerebral Palsy, etc.
Typically, our office charges a flat fee for due process attorney representation; but sometimes due to the complexity of the case we charge based on an hourly fee (call for a free quote). We do not accept contingency cases. Most often, our cases result in all or part of the attorney fees reimbursement by the school district, but that cannot be guaranteed.
Generally, we do not attend IEP meetings as we most often take over when all efforts have been exhausted. However, we will attend an IEP meeting to make certain that the school district has had an opportunity to respond favorably without the need for costly litigation (e.g., present expert opinion to the IEP team).
Due Process Complaint
A due process complaint is a filing by a parent for his/or child on matters related to the:
identification / evaluation of the child.
educational placement of a child; or
provision of Free and Appropriate Education (FAPE) services to the child
The federal law known as the Individuals with Disabilities Education Act (“IDEA") requires school systems (called public agencies) to have procedures in place that make due process available to parents and public agencies to resolve a dispute involving any matter arising under the IDEA. These procedures include both the due process complaint and the due process hearing.
A special education due process complaint against a school district must meet the content requirements as specified in the IDEA section 300.508(b). Whenever a due process complaint is received, the parents and local educational agency (LEA) involved in the dispute must have an opportunity for an impartial due process hearing [section 300.511(a)]. That’s why filing a due process complaint is the first step in the process that may lead to a hearing or a formal proceeding to resolve conflicts between parents and schools.
Complaints must include a statement that a school district has violated a requirement of the IDEA, as well as the facts upon which the statement is based. A party may not have a hearing until the party (or the attorney representing the party) files a due process complaint that includes this information [300.508(c)]. The party filing the due process complaint must provide a copy to the school district [IDEA section 300.508(a)(2)].
As spelled out by the IDEA at section 300.508(b), the due process complaint must contain specific information in order to be considered “sufficient.” This information is:
the child’s name;
the address of the child’s residence;
the name of the child's school/district
a description of the nature of the child’s special education requirements, how the school's proposed action or refusal to act doesn't meet those requirements, and facts upon which the complaint is based, and
a proposed resolution of the problem to the extent known and available to the person filing the complaint.
Time Limits on Filing a Complaint
Generally, due process complaints must allege a violation that occurred not more than two years before the date the parent or public agency knew or should have known about the alleged action that forms the basis of the due process complaint.