What exactly is a “Due Process” and a “Mediation” with respect to children with special needs?

  • Parents with special needs children in public schools have the legal right to “due process”, which means that if the child’s needs are not being met by the school district, the parents can file a legal action against the district with the State Department of Education. This can eventually result in an actual trial before a judge.
  • The process begins by filing a state application, and you will be asked if you desire to have a mediation, which means that the state will provide a professional mediator to try to resolve the case without a trial.
  • If the problem cannot be successfully mediated, it will go to trial before a judge.