IEP & 504 Due Process Hearings for Denial of FAPE
When a school fails to follow an IEP or 504 plan, delays evaluations, or refuses needed services, a child can lose years of progress. Lieb at Law, P.C. litigates IEP and 504 due process hearings for families in New York, New Jersey, and Connecticut to enforce the right to a Free Appropriate Public Education and pursue compensatory services, reimbursement, and attorney fees where the law allows.
Contact a Special Education AttorneyIEP Due Process Hearing Attorney
504 Plan Legal Representation
How to File a Due Process Complaint for FAPE Violations
Legal Remedies for Denial of FAPE
Compensatory Education and Reimbursement Rights
For Parents & Guardians
Lieb at Law brings IEP and 504 cases as litigation. We move matters forward when meetings and informal discussions have not fixed the problem.
FAPE Problems We Commonly Litigate
- Failure to implement IEP services as written
- Failure to provide accommodations in a 504 plan
- Missing related services such as speech, OT, PT, or counseling
- Delays or refusal to evaluate or re-evaluate a student
- Inappropriate placement or program that does not meet needs
- Excessive discipline tied to disability related behavior
- Retaliation for parent advocacy about services or safety
Evidence first: Feelings are real, but hearings are decided on proof. We focus on records, evaluations, emails, and data that show how the district failed your child.
Filing Deadlines & Where We Litigate
Education deadlines are short. Waiting can erase claims. We review timelines immediately in every case.
Key Filing Windows
- Most IDEA due process complaints must be filed within two years from when you knew or should have known of the violation.
- Some Section 504 and discrimination complaints have shorter internal and agency deadlines, sometimes as short as 180 days.
- Appeals of hearing decisions follow state specific deadlines that can be as short as 30 days.
Where Lieb at Law Handles Education Cases
- Due process hearings in New York, New Jersey, and Connecticut
- Federal court actions related to IDEA, Section 504, and ADA claims
- State court actions for discrimination, retaliation, and related claims
Do not wait: We calculate each deadline from your documents and communications, then file before claims expire.
What Parents Can Recover
Due process hearings can secure more than a revised document. They can deliver services and financial relief.
Possible Remedies
- Compensatory education to make up for missed services
- Reimbursement for private services or private school when public placement failed
- Prospective changes to placement, services, and supports
- Transportation and related services when appropriate
- Attorney fees in IDEA cases where parents prevail
Attorney fees: We evaluate fee shifting in every case so parents understand when the district may be responsible for legal fees.
How a Due Process Hearing Works
A due process hearing is a legal proceeding. It looks more like a trial than a school meeting. We prepare you for every step.
Step by Step
- Case review and strategy: We analyze IEPs, 504 plans, evaluations, emails, and progress data to identify legal violations.
- Drafting the complaint: We file a detailed due process complaint that explains what the district did wrong and what relief you seek.
- Resolution period: The district has a period to attempt settlement. We advise when settlement makes sense and when to move forward.
- Pre hearing conferences: We address scheduling, discovery, motions, and witness lists.
- The hearing: We present evidence, examine and cross examine witnesses, and argue the law before the hearing officer.
- Decision and enforcement: When a decision issues, we work to enforce it and secure services, reimbursement, and fees when awarded.
Why Parents Hire Lieb at Law for IEP & 504 Litigation
Lieb at Law treats IEP and 504 disputes as litigation. We build a record that can stand up at a hearing or in court.
- We litigate hearings and court cases, not just attend meetings.
- We focus on evaluations, reports, emails, and service logs, not only verbal complaints.
- We understand how IDEA, Section 504, the ADA, and state discrimination laws fit together.
- We teach continuing education on disability and discrimination law, which keeps our team current.
- We look for fee shifting so eligible parents can seek recovery of reasonable attorney fees.
Next step: Share your documents so we can determine whether a due process complaint or court action is appropriate.
IEP & 504 Due Process FAQ
This FAQ covers how due process hearings work under IDEA and Section 504, what evidence is needed, and how violations are litigated.
Do I need a lawyer for an IEP or 504 due process hearing?
A due process hearing is a legal proceeding that involves evidence, testimony, and legal arguments. Lieb at Law, P.C. litigates IEP and 504 hearings when schools deny a FAPE and prepares the record needed to pursue services, reimbursement, and attorney fees where allowed.
Is it a FAPE violation if the school is not following my child’s IEP?
Failure to implement services, goals, or supports that are written into an IEP can be a denial of FAPE. Lieb at Law reviews progress reports, provider logs, and records to show the gap between what the IEP requires and what the school actually delivers, then litigates those claims through due process hearings.
Can Lieb at Law help with a 504 plan violation?
Yes. A 504 plan protects students with disabilities who need accommodations. When schools refuse accommodations, ignore medical documentation, or discipline students without considering disability related needs, this can violate Section 504. Lieb at Law litigates these violations in hearings, agency complaints, and court actions.
Can attorney fees be recovered in an IDEA case?
In many IDEA cases, parents who prevail can recover reasonable attorney fees from the school district. We explain how fee shifting works and include claims for attorney fees when the law supports it so parents understand the financial impact of bringing a case.
What evidence is needed to prove a denial of FAPE?
Hearings are decided on documentation. IEPs, 504 plans, evaluations, emails, provider notes, incident reports, report cards, testing data, and medical or mental health records help show how the district failed to meet legal obligations. Lieb at Law organizes this evidence into a clear story for the hearing officer.
Are delays in evaluation or services a FAPE problem?
Delays in evaluating, placing, or providing services can be a denial of FAPE. Students only get one year in each grade. Lost time is lost progress. Lieb at Law uses timelines and data to show how delay harmed the student and pursues compensatory education to make up for lost services.
Does Lieb at Law litigate cases against school districts?
Yes. Lieb at Law files due process complaints, presents evidence at hearings, and brings related IDEA, Section 504, and ADA actions in court when needed.
Still have questions? Contact us to speak with an attorney about your child’s IEP, 504 plan, or possible FAPE denial.
Not sure if what happened qualifies as a denial of FAPE.
Get a Due Process Evaluation