Indiana Educational Due Process Lawyers

Serving clients throughout Indiana, Michigan, and Ohio

At Connell Michael, LLP, we stand at the forefront of educational law, championing the rights of students who have been underserved or harmed by systemic failures. Our legal team has a proven track record of success in advocating for families navigating the challenges of educational due process. From securing disability services and accommodations to challenging institutional malpractice, we are relentless in our pursuit of justice. With an in-depth understanding of state and federal education laws, we are committed to empowering families and ensuring that every child has access to the education they deserve.

Call (317) 434-1061 or contact us online to discuss your case with our Carmel educational due process lawyers. Free in-person and virtual consultations are available. 

What Is Educational Due Process?

Educational due process is a legal procedure meant to protect the rights of students with disabilities when their educational needs are not being met. Under the Individuals with Disabilities Education Act (IDEA), qualified students with disabilities are entitled to a Free Appropriate Public Education (FAPE). For these students, FAPE is provided through an Individualized Education Program (IEP), a plan that caters to a child's unique academic, social, and emotional needs.

When schools fail to fulfill these obligations, whether by denying evaluations, offering inappropriate IEPs, or neglecting critical services, parents have the right to seek justice through the educational due process system. It involves filing a formal complaint against the school district, which can lead to resolution through mediation, hearings, or legal action. It is a powerful tool for maintaining accountability and enforcing students’ rights. 

Parents’ Rights in Educational Due Process

Parents play a crucial role as advocates for their children’s education and are granted specific legal rights during due process procedures. 

Some of the core rights that parents hold include:

• The right to review records - Parents are entitled to access and review all educational records related to their child, including evaluations, IEPs, and meeting notes.
• The right to participate - Parents must have meaningful involvement in all decisions regarding their child’s education, from IEP meetings to determinations about services and placements.
• The right to independent evaluations - If parents disagree with the school’s evaluation, they can request an independent educational evaluation (IEE).
• The right to file a complaint - Parents can initiate due process by submitting a formal complaint that outlines the school district’s failure to provide FAPE.
• The right to legal representation - Parents may choose to enlist the support of an education attorney like ours at Connell Michael, LLP to advise them and work to protect their child.
• The right to a fair hearing - Should mediation fail, parents can present their case at a due process hearing before an impartial hearing officer.