Unfortunately, disagreements often arise between parents and schools. When the parents of a student with disabilities and the school district disagree about the student’s eligibility, placement, program needs, or related services, either side can request a special education due process hearing. The request for a due process hearing is made by filing a complaint with the Office of Administrative Hearings.

 

Prior to the scheduled date for the hearing, the parties will participate in a resolution session unless both parties waive such a meeting. The parties may agree to participate in mediation. During mediation, a mediator will work with both sides in effort to settle the case.

 

If the case does not settle, it will go to hearing. Hearings are similar to trials in superior court. Often they last more than one day. At the hearing, both sides present evidence by calling witnesses and submitting any reports and evaluations that support their position. An administrative law judge decides whose witnesses and documents are correct and what program is appropriate.  

 

Our law firm has helped many families by representing them in administrative court proceedings. Although most of our cases settle, often with various agreed upon supports for each child we represent, we are prepared fight for a child's special education rights at a hearing.  

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In order to secure an appropriate education guaranteed under the law, and by the compassionate foresight embodied in the IDEA, parents can turn to help from independent evaluators, advocates, and special education attorneys.