On ocassion, members of the IEP team may not be able to come to agreement as to what is best for your child, even after trying to come to agreement throught the ADR process. Special education law provides specific steps for resolving those conflicts. If you continue to disagree, you may file for Due Process. Due Process is a system in which people from the State Department of Education step in to assist with resolving the conflict. Please visit the Office of Administrative Hearings website to download the Mediation or Due Process form.
If you file for Due Process, your school district will offer a Resolution Session. A good-faith effort will be made to come to agreement with you at the district level before the state steps in. Resolution Sessions are completely optional, and you will choose whether or not you wish to participate.
Resolution Session Guidelines
If you feel your rights or the rights of your child have been violated by the district or an employee of the district, you have a right to file a complaint. A complaint may be filed with the school district Complaint Resolution department. If not resolved, or if the parent chooses not to file the complaint with the district, a complaint can be filed directly with the California Department of Education using the form below.
Complaint Process Brochure
Request for Complaint Investigation
Helpful Hints When Requesting Direct State Intervention