The law establishes procedural safeguards for parents in the Individualized Educational Plan (IEP) process. Included in the procedural safeguards is the opportunity to participate in mediation or a due process hearing to resolve disagreements between the parents and the district. Due Process filing forms may be obtained by clicking on the following link: http://www.dgs.ca.gov/oah/SpecialEducation/E-Filing.aspx.

Either the parents or the district may initiate the due process hearing procedures under any of the following circumstances:

  • There is a proposal to initiate or change the identification, assessment, or educational placement of the child or the provision of a free, appropriate public education to the child.
  • There is a refusal to initiate or change the identification, assessment, or educational placement of the child or the provision of a free, appropriate public education to the child.
  • The parent or guardian refuses to consent to an assessment of the child.
  • There is a disagreement between a parent or guardian and a district, special education local plan area, or county office regarding the availability of a program appropriate for the child, including the question of financial responsibility.