08/23/2026
I do not take due process cases. That is a line I hold on purpose. As a non-attorney advocate, walking into a due process hearing feels like bringing a knife to a gunfight, and families deserve better odds than that.
But I get asked about due process all the time. How it works, why it happens, what it actually looks like in real life. So here is one you can see for yourself.
A due process hearing is the legal process Congress created for families and public schools to resolve disputes over a child's right to a free appropriate public education, or FAPE.
Sometimes providing FAPE takes far more than changing a few services in an IEP. When a student's disability related educational needs cannot be appropriately met in a less restrictive setting, a school district may be responsible for funding a residential placement if that placement is what the student needs to receive FAPE.
That is the issue at the center of this hearing.
The parent is seeking a residential placement with ABA and appropriate educational services. The Special School District of St. Louis County is proposing something very different: limited, virtual-only homebound instruction and related services, facilitated entirely by her mother. No behavioral supports. No in-person educational or therapeutic support from school personnel.
The hearing will address whether that proposed program provides this student with FAPE, or whether her needs require the more intensive residential program her parent is seeking.
Here is the part almost nobody gets to see. This hearing is open to the public. These hearings are normally private, but a parent has the absolute right to open their own hearing, and this family did.
If you have ever wondered how IDEA dispute resolution actually works, this is your chance to watch it. The hearing will not be recorded, so the only way in is live on WebEx.
Please show up for this family.