Home » Education Law » Individuals with Disabilities Education Act & Due Process

IDEA establishes a series of procedural safeguards designed to ensure that the parents or guardian of a child with a disability are both notified of decisions affecting their child and given an opportunity to object to those decisions. If the parents are not satisfied with the IEP, they may present complaints with respect to any matter related to the identification, evaluation, or educational placement of the child, or the provision of a free, appropriate, public education to such a child. After such a complaint has been received, the parents also are entitled to request a due process hearing conducted by the state or local educational agency.

When a state receiving IDEA funding fails to provide a FAPE, the child’s parent may remove the child to a private school and then seek tuition reimbursement from the state. The parent may recover if the proposed IEP was inadequate to offer the child a FAPE and the private education services obtained by the parents were appropriate to the child’s needs.


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