Real-Life Scenarios That Lead to Due Process in Special Education
- IEP Defenders
- Jun 13
- 3 min read
Every IEP is supposed to be a promise that guarantees a child with disabilities receives the support they need to learn, grow, and thrive. But what happens when that promise is broken?
For many families, the answer is due process: a legal step taken when schools fail to follow the law or provide adequate services. And while no parent wants to take legal action, real-life situations leave many with no other choice.
Here are the most common scenarios that lead families to file due process complaints under IDEA.
🚨 1. Services Are Promised, But Never Delivered
“The IEP said my child would get 30 minutes of speech therapy a week. Three months went by… nothing.”
This is one of the most common violations. Services written into the IEP must be provided as stated. When they're delayed or skipped, the child misses out on crucial support.
Why it matters: Missed services = educational harm. It's not just a scheduling issue, it’s a legal one.
🧪 2. Refusing to Evaluate a Child in Time
“We asked for an evaluation in September. It didn’t happen until March.”
Schools are required to evaluate a child for suspected disabilities within specific timelines. Delaying this process means the child may sit in a classroom for months without the support they legally deserve.
Red flag: Repeated claims of being “too busy” or “short-staffed” are not valid legal excuses.
🤐 3. Parents Are Left Out of IEP Decisions
“They changed his IEP without even telling me. I wasn't invited to the meeting.”
Parents are a required part of the IEP team. Any change to services, placement, or goals must include parental input and written notice.
Key point: IEPs cannot be rewritten behind a parent’s back—period.
❌ 4. Inappropriate Placement or Classroom Setting
“They put her in a behavior unit even though her needs are academic, not behavioral.”
Placement must be based on the child’s individual needs, not convenience or available space. When a child is placed in the wrong environment, they may regress socially, emotionally, or academically.
Legal trigger: This may be a denial of FAPE (Free Appropriate Public Education).
📝 5. The IEP Isn’t Being Followed at All
“The teacher didn’t even know my child had an IEP.”
In some cases, school staff are unaware of, or actively ignore, what’s written in a student’s IEP. This results in unaccommodated tests, unsupported behavior plans, and a child struggling unnecessarily.
Legal tip: Lack of implementation is a strong basis for a due process claim.
👥 6. Disciplinary Actions Without Proper Support
“He keeps getting suspended for behaviors related to his disability.”
Students with IEPs have protections when it comes to discipline. If behaviors are a manifestation of the disability, schools must adjust supports, not just punish the child.
Legal violation: Failure to conduct a Manifestation Determination Review (MDR).
🛠️ What to Do If You’re Facing These Scenarios
Document everything: emails, missed services, report cards, meeting notes
Request a Prior Written Notice (PWN) for any change or refusal
Connect with a special education attorney or advocate
Know your rights under IDEA and Section 504
✅ Final Thoughts
Filing a due process complaint isn't about being confrontational, it's about fighting for your child’s future. If any of these scenarios sound familiar, you’re not alone. Families across the country are stepping up, speaking out, and demanding better.
📞 Need support? IEP Defenders offers legal help at no cost for families navigating the IEP process. Contact us today to protect your child’s rights.
Call us now at 743-IEP-HELP (437-4357). We are here to help!
*Our Legal Services are available to families at no cost
Comments