When Is It Time to File for Due Process?

By The Law Office of Sean M. Hobson

Special Education & Criminal Defense Attorneys – Serving California Families

When your child’s school isn’t meeting their special education needs, it can feel like you’re out of options. You’ve asked for help, sat through IEP meetings, and followed every step—only to hit a wall. If that sounds familiar, you may be asking yourself:

Is it time to file for due process?

This post will help you understand when due process is the right next move—and how it can help protect your child’s educational rights.

What Is Due Process in Special Education?

Due process is a formal legal procedure under the Individuals with Disabilities Education Act (IDEA). It allows parents to challenge a school district’s decisions regarding their child’s education through:

• Filing a written complaint
• Participating in a Pre-Hearing Conference (PHC)
• Engaging in resolution or mediation
• Attending a formal administrative hearing (if needed)

Due process is not just paperwork—it’s a legal path that can enforce your child’s right to a Free Appropriate Public Education (FAPE).

Signs That It May Be Time to File for Due Process

You may want to consider filing if:

1. Your Child’s IEP Isn’t Being Followed
   Missed services like speech therapy or behavior support may be a serious violation of IDEA.
2. The School Refuses to Evaluate Your Child
   Districts must evaluate students when there’s a suspected disability. Denials or delays can block your child’s access to needed support.
3. You Strongly Disagree with the IEP and Can’t Resolve It
   If your concerns are dismissed or your child’s unique needs aren’t being addressed, it may be time to escalate.
4. The District Recommends an Inappropriate Placement
   Your child has the right to learn in an environment that fits their academic and emotional needs. You don’t have to agree to a poor fit.
5. You Believe FAPE Is Being Denied
   If your child isn’t receiving meaningful benefit from their education, this may be a legal violation that justifies a due process filing.

Before You File: What to Know

• Documentation is critical: Keep IEPs, emails, evaluations, and notes from meetings.
• Exhaust informal options: Mediation or facilitated IEPs can work, but not always.
• Act quickly: You generally have two years from the date of the issue to file in California.

How Our Firm Can Help

At The Law Office of Sean M. Hobson, we support parents through every stage of the special education process—from school advocacy to due process filings and administrative hearings. We’ll help you understand your rights, evaluate your case, and represent your family with compassion and clarity.

📞 Schedule Your Free Consultation

If you’re asking yourself whether it’s time to file for due process, it probably is. Let’s talk.
Call us today at (760) 294-4407
Or book online at info@seanhobsonlaw.com

Your child deserves the support they need. Let’s make sure they get it!