Special Education Due Process Attorney — Sacramento & California
When talking to the district stops working, due process is how parents enforce their child's rights. It is the formal legal proceeding for special education disputes in California — filed with the Office of Administrative Hearings (OAH) — and it is often the moment a stalled case finally moves. I represent students at every stage, from the first demand letter through hearing.
When due process is the right tool
- The district refused to assess your child, or found them ineligible when the evidence says otherwise.
- The IEP on paper is inadequate — or the IEP in practice isn't being implemented at all.
- Your child was denied an appropriate placement, or needs a program the district won't fund.
- You paid out of pocket for services or private placement the district should have provided and want reimbursement.
- Your child lost months or years of progress and deserves compensatory education to make it up.
Claims generally must be filed within two years of when you knew or should have known about the problem — waiting costs real remedies.
How a due process case actually unfolds
- The complaint. I draft and file a due process complaint with OAH identifying every violation and the remedies your child needs.
- Resolution session and mediation. Filing triggers a resolution meeting with the district, and OAH offers mediation with a neutral mediator. The great majority of cases settle here — often with services, placement, funding, or compensatory education that the district would not offer before filing.
- Hearing. If the case doesn't settle, an administrative law judge hears testimony from teachers, assessors, and experts and issues a binding written decision.
- Fees. Parents who prevail may recover reasonable attorney's fees under the IDEA — one reason districts take represented families more seriously.
Why representation changes the outcome
Districts bring lawyers to due process; families should too. The case is won in preparation — the records, the timeline of district failures, the right experts, and remedies framed the way judges actually order them. Because filings and most proceedings can be handled remotely, I represent families in Sacramento and throughout California. For background on the basics, see my special education FAQ or my IEP and 504 plan services.
Get an honest assessment of your case
In a free 45-minute consultation I'll tell you plainly whether you have a case, what remedies are realistic, and what it would take. I bill hourly at a negotiable rate with flexible payment plans, and in some cases a flat fee.
Or call (916) 407-4246 · jason@sacspedlaw.com