When Should You Hire a Lawyer for a School Due Process Hearing in Colorado?

What Is a Due Process Hearing?

A due process hearing is a formal legal procedure used to resolve disputes between families and school districts. These hearings are typically used when a parent disagrees with a school’s decision regarding:

• Special education services or placement
• An IEP (Individualized Education Program) or 504 Plan
• School discipline, including suspension or expulsion
• Denial of evaluation for special education eligibility

The hearing takes place before an impartial officer and follows strict legal procedures. This is not a casual meeting or a conference with school staff—it’s a legal process where evidence, witnesses, and arguments are presented just like in a courtroom. If you’re facing one of these situations, it’s important to know when professional legal support becomes necessary.

5 Situations When You May Want to Hire a Lawyer

While parents have the right to represent themselves, there are key scenarios where hiring a lawyer can protect your child’s rights and give you a better chance at success. Here’s when to consider legal representation: 

1. Your Child Is Facing Expulsion or Long-Term Suspension If the school is recommending a removal of more than 10 days, it’s a serious matter. Expulsions can impact your child’s education record and make it harder to transfer schools or return to class. An attorney can:

• Review the disciplinary process for legal errors
• Prepare and present a strong defense
• Help reduce or prevent the disciplinary action altogether

2. The School Is Changing an IEP Without Your Consent Schools are required to collaborate with parents before changing a student’s services or placement. If your child’s IEP is being changed without your agreement, that’s a violation. Legal support can help you:

• Challenge the change through a due process complaint
• Request a hearing to maintain your child’s current services
• Ensure that changes are based on student needs—not convenience

3. The School Isn’t Following the IEP or 504 Plan Failure to implement services as outlined in an IEP or 504 Plan is a serious breach of federal law. If your child is missing therapy sessions, accommodations, or specialized instruction, legal action may be the only way to enforce accountability. An attorney can help you:

• Request compensatory services to make up for missed support
• Document and present the violations at a hearing
• Demand corrective action from the district

4. You’ve Reached a Standstill with the School Parents often try to resolve issues directly with teachers or administrators. But if your concerns are being ignored or you keep hearing, “We’re doing all we can,” it may be time to escalate the issue. Legal representation can:

• Push for action through formal channels
• Ensure timelines and documentation are handled correctly
• Show the district you’re serious about protecting your child

5. You Feel Lost in the Process Due process hearings involve strict procedures, legal deadlines, and the need for detailed evidence. If you feel overwhelmed or unsure of what steps to take, it’s worth speaking with an attorney. At Ernst Legal Group, we support families who are facing difficult challenges with their school district. Our team can handle every step of the legal process so you can focus on supporting your child.

What Does a Due Process Attorney Actually Do?

Hiring a lawyer means more than just showing up to a hearing. A qualified education attorney will help you:

1. Review your child’s IEP, evaluations, and progress reports
2. Identify violations of IDEA or Section 504
3. Draft and file a due process complaint with proper documentation
4. Gather expert testimony and organize evidence
5. Negotiate with the school district to reach a resolution
6. Represent you in mediation, pre-hearing conferences, and hearings

Most importantly, a lawyer brings legal knowledge and courtroom experience into a setting that many parents find stressful and unfamiliar.

Call Ernst Legal Group to Protect Your Child’s Education

If you believe your child’s rights are being violated, don’t wait for things to get worse. The earlier you involve a lawyer, the more options you’ll have. Missing key deadlines or failing to document concerns can damage your case. Whether your child is being unfairly disciplined or denied essential services, we can step in and help you take action before the situation escalates. Every child deserves a free and appropriate public education. When that right is threatened, we’re here to help you defend it. 

If you’re unsure whether legal help is the right move, reach out to us for a free consultation. Let’s talk through your situation and create a plan that protects your child’s future.