Video Summary: What if I don’t agree with the educational decisions concerning my child?

This video provides a quick overview of what your options as a parent or guardian are when you disagree with a decision made about your child’s education, and serves as an introduction to the next few sections of this guide.

The first option you have in this case is a due process hearing. We will cover both the federal and state versions of your parental rights regarding due process hearings. Your second option is to file a state complaint, wherein the state investigates whether the school or school district violated a rule or regulation of the Individuals with Disabilities Education Act (IDEA). Your third option is mediation between you and school to try to work out an arrangement that works for both parties.

Other sections we will cover are filing a Office of Civil Rights complaint, the complaint form that outlines how your child may have been discriminated against. Also, be aware that if you file a due process hearing, then any complaints you file with the state or the Office of Civil Rights office are put on hold until a judge makes a decision on the due process hearing.

We will go over each of these processes step-by-step in the following sections, and if you disagree with your child’s placement, services, or you feel that your child is being treated unfairly, these sections will help you understand what you can do about that. Finally, as always, if you feel like you need help beyond what this guide provides, feel free to contact a child advocate or attorney.

Legal Aid of Nebraska