Due Process and Special Education Services

When most people hear the term “due process,” they think of a person’s right to a trial before receiving punishment for a crime. However, in our legal system, due process means that people have a right to be heard before the government can take away any right granted by the Constitution or by statute. Because schools are government agencies — and the Individuals with Disabilities Education Improvement Act (IDEIA) gives special rights to children with disabilities and their parents — parents are entitled to due process when they disagree with school districts or other agencies about what services their children should...

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