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Seattle Special Education Due Process Hearings Lawyers
Skilled legal help when you need a due process hearing for your special needs child
If you’re the parent of a child with special needs, you may have heard the term “due process hearing.” This might sound like something that happens in a courtroom drama, but for many families, it’s a real part of advocating for their child’s education. Here at Smith McBroom, we help parents work through these complicated situations every day.
How can we help?
- What is a due process hearing?
- Why would I file for a due process hearing?
- How does the due process hearing process work?
- What is the “stay put” rule?
- Do I need a Seattle special education lawyer for a due process hearing?
- Frequently asked questions about due process hearings
- Do you have any tips for parents going through a due process hearing?
- Do you have a Seattle special education attorney near me?
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What is a due process hearing?
A due process hearing is a legal process that helps resolve disputes between parents and schools about a child’s special education services. This is a courtroom-style procedure where both sides get to present their case, but instead of a judge, there’s a hearing officer who listens to both sides of the story and makes a decision.
These hearings are your right as part of a federal law called the Individuals with Disabilities Education Act (IDEA). IDEA notes that every child with a disability has a right to a free, appropriate public education in the least restrictive environment. If you believe that your school isn’t following IDEA (maybe they’re not offering the right services, or they’re denying support entirely), you can file for a due process hearing.
Why would I file for a due process hearing?
Often, a due process hearing is a last resort. Most parents don’t jump into a due process hearing right away. Before reaching this point, you may try other steps like:
- Talking to the Individualized Education Program (IEP) team
- Requesting mediation
- Filing a state complaint
- Trying informal meetings or resolution sessions
Sometimes, though, these efforts just don’t work out. Common reasons parents might end up requesting a due process hearing include:
- The school is refusing to evaluate a child for special education.
- The school is denying special education services that the child needs.
- The services listed in the IEP aren’t being followed.
- The parent disagrees with the school’s proposed changes to the IEP.
- The school is disciplining the child in a way that could violate their rights under IDEA.
If you’ve tried to work things out and still feel like your child’s needs are being ignored, a due process hearing may be your next step. We can help.
How does the due process hearing process work?
The due process hearing has several steps you must follow.
Step 1: File a due process complaint
The process starts with a written complaint, called a Due Process Complaint Notice. This notice is typically filed by a parent, though schools can also file in certain cases. The complaint must include the following:
- The child’s name and address
- The name of the school
- A description of the problem
- What solution the parent is asking for
Once you file this notice, the clock starts ticking. The school has 15 days to respond, and within 30 days, a resolution meeting must take place (unless both parties agree to skip it or try mediation instead).
Step 2: Resolution session or mediation
Before going straight to a hearing, IDEA encourages parents and schools to attempt to resolve the issue informally. This can happen in one of two ways:
- A resolution session, which is a meeting between the parents and school officials (usually without lawyers), where both sides try to work things out.
- Mediation, which is a more structured conversation led by a neutral third party trained to help people find middle ground in their disputes.
These steps often help families avoid a hearing altogether. But if they don’t work, or if both parties skip them, the case moves forward.
Step 3: Preparing for the hearing
Now, it’s time to get organized. Both sides should gather:
- Witnesses (like teachers, doctors, or therapists)
- Expert reports
- School records
- The child’s IEP documents
- Any email or other notes related to the dispute
At Smith McBroom, we can help you prepare your evidence and get ready to explain your side clearly. This preparation is important to making sure the hearing officer completely understands what’s going on.
Step 4: The hearing
The due process hearing itself is like a mini-trial. It typically takes place in a conference room or hearing office, not a courtroom, but it’s still a formal process. During the hearing:
- Both sides must present their evidence
- Witnesses may be questioned or cross-examined
- Lawyers or other advocates may speak on behalf of the family or school
- Everything is recorded, and the hearing officer will take detailed notes
Most hearings last a day or two, though more complicated cases may take longer.
Step 5: The decision
After the hearing is over, the hearing officer will review all the evidence and make a written decision, usually within 45 days of the hearing’s start date. This decision is legally binding. If the parent wins, the officer may order the school to:
- Provide additional services
- Reimburse the family for private school or therapy costs
- Revise the IEP
- Stop harmful disciplinary actions
If the school wins, they don’t have to make any changes. However, either side can appeal the decision if they believe something went wrong.
What is the “stay put” rule?
While all this is happening, there’s something called the “stay put” rule. This rule means that your child will stay in their current placement, meaning the school and services they’re already receiving, until the dispute is resolved. This helps prevent sudden changes that could harm the child during the process.
Per the Washington Office of Superintendent of Public Instruction, “If your due process hearing does not involve discipline issues, the student must stay in his or her current educational placement until the hearing is completed. The parties may also agree to another placement.”
Do I need a Seattle special education lawyer for a due process hearing?
Technically, you don’t have to hire a lawyer to go through a due process hearing. But these hearings can get complicated fast. They involve legal procedures, rules about evidence, and the ability to question witnesses under oath.
Having an experienced special education attorney on your side, like our team at Smith McBroom, can make a huge difference. We know how to build strong cases, guide families through each step, and fight for the best outcome possible.
Frequently asked questions about due process hearings
How long does the process take? From start to finish, the process could take up to 75 days or more from the date of the filing. This includes time for the resolution session and hearing. However, delays can occur, especially in complicated cases.
Will my child have to testify? In most cases, no. Children are rarely called to speak during these hearings, and it’s generally avoided unless necessary.
Can the school punish me for filing for a due process hearing? No. Schools cannot retaliate against parents for exercising their rights under IDEA. If this happens, it becomes a separate legal issue. We can help.
What if I lose? If you don’t agree with the hearing officer’s decision, you may have the right to appeal in state or federal court. This is another reason why having legal representation is helpful. Appeals can be even more complicated than the hearing itself.
Do you have any tips for parents going through a due process hearing?
If you’re considering or preparing for a hearing, keep the following under consideration:
- Keep records. Save emails, IEP notes, evaluations, and all communications with school staff.
- Learn about IDEA and Washington’s specific special education rules.
- Remember, it’s easy to get emotional, but focus on what your child needs, not just on what went wrong.
- Talk to other parents, join advocacy groups, and work with a legal team like Smith McBroom that understands what you’re going through.
- Be open to solutions. Sometimes the school might offer something reasonable before the hearing. Remember to stay open to ideas that can meet your child’s needs, even if they’re not exactly what you expected.
Do you have a Seattle special education attorney near me?
Smith McBroom is located at 16400 Southcenter Parkway, Suite #210, Seattle, Washington, 98188. We’re right off I-5 and I-405, near Southcenter Mall. There is a bus stop near our office, and we offer free on-site parking.
Seattle due process hearing lawyers working for you and your child
A due process hearing might sound intimidating, but it’s also a powerful tool for making sure your child gets the education they deserve. If you’ve reached the point where your concerns aren’t being taken seriously, you have the right to push back – and win. At Smith McBroom, we believe that every child deserves the support they need to thrive at school. If you're facing challenges in securing the appropriate education and services for your child with special needs, consider taking action today by calling our offices or filling out our contact form.