Introduction

Discuss a problem.

Request an initial evaluation for special education services.

Request a meeting to review the IEP.

Request a change of placement.

Request records.
Request an independent evaluation.

Request a due process hearing.

Write a follow-up letter.

Give positive feedback.

Sample Letter 7: Request for a Due Process Hearing

Q: When and how should I initiate due process procedures?

A: While the school system may readily comply with your request to evaluate, reevaluate, or meet to review the IEP, that doesn't necessarily mean that you will get the outcome you want. At the meeting you requested to discuss changing your child's placement the school system may not agree with you. They may feel that your child is in the most appropriate placement. Or at the IEP meeting you request in order to change the goal(s), add services, the school may not want to make these changes or additions because they believe that they are not in your child's best interest or are not appropriate.

If the school staff has communicated its thoughts and you have communicated yours and you both understand but disagree, you may want to consult with specialists, a mediator, or other persons to try to compromise. Remember: The goal is to provide an appropriate education for your child. There are many options on what is an appropriate education, and some trial and error may be necessary to develop a successful program for each student.

Sometimes compromise and further discussion do not lead to agreement between parties, and you may want to request a due process hearing. A due process hearing is a formal proceeding where the differences between you and the school system are shared in front of a qualified, impartial hearing officer. The hearing officer's role, after hearing both your side and the school's side, is to make a reasonable decision based on the information presented.

Your letter requesting a hearing should be sent to the person in charge of due process hearings. This may be the Superintendent of Schools or the Director of Special Education, or another designated school official. Call the Director of Special Education in your school district to find out the name, title, and address of the person responsible and address your request to this individual. Your letter will then be given to a selected hearing officer. It is the hearing officer who will be responsible for establishing the date, time, and place of the hearing.

Today's Date (include month, day, and year)
Your Full Return Address

Name and Title of Person you identified
Title
Full Address

Dear (full name),

I (or We), the parent(s) of (your child's full name), am (are) writing to request a due process hearing. (Your child's full name) is (age and date of birth) and is currently attending (name of school). He/she is in the (grade level/special education classroom).

I (we) have met with (names of school personnel involved in your meeting) in an effort to resolve our differences with my child's (IEP, placement, testing, or whatever) and have been unable to do so. We therefore request that a due process hearing be scheduled with an impartial hearing officer in order to have this disagreement settled.

Please advise me (us) as soon as possible as to the date and time of this hearing so that I (we) can make the necessary arrangements with work (or childcare) and with those people we wish to include in the hearing. My daytime telephone number is (000) 000-0000.

I (we) also request that this hearing be (open/closed) to persons other than those directly involved. (Name of child) will/will not attend the hearing.

Sincerely yours,

Your full name

*cc: (name of Principal)
(name of your advocate/attorney)
_______________

* "cc:" means that you are sending a copy of this letter to the people you list after the "cc:". Xerox the letter after you have signed it, and send a copy to each person you have listed.