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(6.30) Should I file for due process as soon as I realize that the district and I cannot agree about services or placement?

(6.30) Should I file for due process as soon as I realize that the district and I cannot agree about services or placement?

If the school district is threatening to change your child’s program or placement without your consent, and you wish to keep things the way they are, you may have to file for due process just to preserve the “status quo” by taking advantage of the “stay-put” provision. [34 C.F.R. Sec. 300.518(a); Cal. Ed. Code Sec. 56505(d).]

However, you should generally not file for due process until you are prepared, even if you feel your child is currently being inappropriately served. Nothing about the inappropriate program is likely to change simply by your filing for due process. On the other hand, time spent preparing your evidence will increase your chances of a successful result. Within a few days of filing for due process, you will receive a notice from the hearing office. The notice will contain the date set for the hearing and mediation.