The Course of Due Process

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Cildren with disabilities are entitled to free, appropriate, public education as defined by the Individuals with Disabilities Education Act (IDEA) 1997 reauthorization. Growing from parents' desire to have their child's educational needs met, due process for students in special education has been mandated since the inception of the Education for All Handicapped Children Act in 1975 (Public Law 94-142). The right to due process ensures children with disabilities equal treatment as compared to that of their peers without disabilities, as mandated by law.

Due process hearings are the principle vehicle for resolving disagreements between school districts and parents of children with …