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What to Bring to Your Consultation for a Due Process Complaint

Updated: Oct 14


As a parent, standing up for your child’s educational rights is no easy task, especially when

you're navigating a due process complaint against your school district. If you’re considering legal action, meeting with an attorney for an initial consultation is a crucial step. To make the most out of this first meeting, it’s important to come prepared with all the necessary documentation. The better prepared you are, the more effective the consultation will be, and your attorney will have the best chance of understanding your case and giving you solid advice.


Why Preparation Matters

To proceed with a due process complaint, you will need evidence to support your claims.

Walking into your consultation with an organized collection of key documents will allow your

attorney to quickly grasp the nuances of your child’s situation, helping them build the strongest

case possible.


Here’s a comprehensive checklist of the documents you should gather before your meeting:


1. Your Child’s Individualized Education Program (IEP)

This is one of the most critical documents to bring. Your child’s IEP outlines their special

education services, accommodations, and goals. It provides a roadmap of what the school is

supposed to be providing and is central to most due process complaints. Include:

- The current IEP and any past versions, if applicable.

- Progress reports related to IEP goals.

- Records of IEP meetings (dates, attendees, and minutes).


2. Evaluations and Assessments

Bring any educational or psychological evaluations that have been conducted by the school or

independent evaluators. These documents offer critical insight into your child’s learning needs

and any potential disabilities. Be sure to include:

- Psychoeducational evaluations

- Behavioral assessments

- Any private evaluations you’ve had done outside of the school system.


3. Behavioral Records and Discipline Reports

If behavior is part of your concern, these records are a must. Schools often use disciplinary

actions or suspensions as a way to avoid dealing with a child’s behavioral needs appropriately,

and these can be key to your case. Include:

- Incident reports

- Suspension/expulsion letters

- Communication logs between you and the school regarding behavioral concerns.


4. School Correspondence

Emails, letters, text messages, and phone call records between you and the school about your

child’s education are invaluable. These communications serve as a timeline of how the school

has responded to your child’s needs. Important items include:

- Emails to and from teachers, special education coordinators, and administrators.

- Notes from meetings or conversations with the school staff.

- Records of requests for meetings or evaluations.


5. Progress Reports, Report Cards, and Standardized Test Results

These help paint a picture of your child’s academic performance over time. Bring:

- Report cards from recent semesters or years.

- Progress reports that track their performance on IEP goals.

- Results of any state assessments or standardized testing


6. Medical Records

These records are crucial in making sure that the services and accommodations provided to

your child are adequate. Include:

- Doctor’s notes that outline any diagnosed conditions.

- Recommendations for accommodations that could assist in the learning environment.


7. Documentation of Services Provided

If your child receives any related services like speech therapy, occupational therapy, or physical

therapy, bring documentation of these services if you have them. This could include:

- Therapy logs and progress reports from service providers.

- Service schedules detailing how often your child is receiving these supports.


8. Records of Past Complaints or Mediation Attempts

If you've already attempted to resolve issues with the school—whether through informal

meetings, mediation, or complaints with the Department of Education—make sure to bring all

relevant documentation. This includes:

- Mediation agreements.

- Prior complaints filed with the school district or state education department.


9. Parent Notes

It can be incredibly helpful to keep notes documenting any interactions with the school and how

your child is doing both academically and emotionally. Bringing this to your consultation can

provide a personal perspective on your child’s struggles, as well as a timeline of key events.

Include:

- Notes from parent observations.

- A timeline of significant events (such as changes in your child’s behavior or school’s response

to requests).





Wrapping It Up: The Power of Being Prepared

Your child’s education is worth fighting for, and an attorney can help you do just that. By bringing documents to your initial consultation, you give your attorney the tools they need to evaluate your case thoroughly. The more information you provide upfront, the faster your lawyer can get to work advocating for your child’s rights.


Taking legal action can be intimidating, but having all the necessary documentation ready will

not only help your attorney build a stronger case but also make you feel empowered throughout

the process. If you’re ready to stand up for your child’s education, contact IEPDefenders today to schedule your consultation. Together, we can make sure your child gets the support they deserve.

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