Due Process Hearings in Special Education: Advocacy That Gets Results

When a public school district fails to provide a student with a disability the services they are entitled to, filing for a due process hearing may be the only way to enforce your child’s educational rights. These cases are complex, highly procedural, and often stacked in favor of the school — unless you have experienced legal counsel on your side.

At Ratliff Jackson LLP, we represent parents and guardians in special education due process hearings across New Jersey. Whether your child was denied services, wrongfully disciplined, or misclassified, our attorneys fight to ensure your student receives a Free Appropriate Public Education (FAPE) under federal and state law.

What Is a Due Process Hearing?

A due process hearing is a formal legal proceeding that allows parents to challenge a school district’s decisions regarding a child’s:

• Individualized Education Program (IEP)
• Educational placement
• Evaluation results or refusals to evaluate
• Eligibility under IDEA or Section 504
• Denial or reduction of services
• Suspension, expulsion, or disciplinary removals

These hearings are overseen by Administrative Law Judges (ALJs) through the New Jersey Office of Administrative Law (OAL). Think of it as a mini-trial: evidence is presented, witnesses are cross-examined, and legal briefs are submitted — all under strict timelines and rules of evidence.

Your Rights Under Federal and State Law

Parents are protected under several overlapping laws, including:

• Individuals with Disabilities Education Act (IDEA)
• Section 504 of the Rehabilitation Act
• Americans with Disabilities Act (ADA)
• New Jersey Special Education Code (N.J.A.C. 6A:14)

These laws guarantee that students with disabilities are entitled to:

• Timely evaluations and eligibility determinations
• Individualized, measurable IEP goals
• Access to the least restrictive environment (LRE)
• Related services such as speech, OT, counseling, transportation
• Meaningful parental participation in decision-making

If the district fails to deliver on any of these obligations, a due process hearing may be necessary.

Why Legal Representation Matters in Due Process Hearings

While parents have the right to file a due process petition on their own, school districts are almost always represented by attorneys. Without experienced legal counsel, families face significant disadvantages — including missed deadlines, poorly drafted claims, and failure to enter key evidence into the record.

At Ratliff Jackson LLP, we prepare your case as if it’s going to trial from the start. Our process includes:

• Reviewing evaluations, IEPs, prior written notices, and correspondence
• Retaining independent educational and medical experts
• Interviewing teachers, aides, therapists, and district personnel
• Drafting persuasive hearing requests and pre-hearing memoranda
• Cross-examining district witnesses and objecting to improper evidence
• Seeking compensatory education, out-of-district placement, or services

We also represent families in IEP meetings, mediations, and settlement negotiations, and we are prepared to appeal hearing outcomes in state or federal court when necessary.

Frequently Asked Questions: Due Process Hearings in NJ

How long do I have to request a due process hearing?

Under IDEA, parents have two years from the date they knew (or should have known) about the alleged violation. However, discipline-related claims and 504 disputes may involve shorter timelines. Act quickly.

Do I have to go through mediation first?

No. Mediation is optional, though New Jersey does offer it through the Office of Special Education Programs (OSEP). We evaluate whether mediation or a direct hearing request best serves your goals.

Can I request an independent evaluation (IEE)?

Yes — if you disagree with the district’s evaluation, you may be entitled to an Independent Educational Evaluation at public expense. We can assert that right and identify trusted evaluators.

What can I win at a due process hearing?

Possible remedies include:

• Compensatory education (make-up services)
• Out-of-district or private placement tuition
• Revised or improved IEPs
• Attorney’s fees (if you prevail)

What if my child was suspended for behavior related to their disability?

We handle Manifestation Determination Review (MDR) disputes, where schools must assess whether a disciplinary incident was directly caused by the student’s disability. If so, alternative discipline may be required.

Your Child Has Rights. We Make Sure They’re Respected.

If your child’s educational needs are being ignored or improperly handled by the district, it’s time to take formal action. At Ratliff Jackson LLP, we bring deep legal knowledge and compassionate advocacy to every education law case we handle — and we never back down when a school system fails its responsibilities.

Call 856-209-3111 or contact us online to schedule a consultation. We’ll review your case, assess your legal options, and fight for the services your child deserves.