Special Education Law and Disability Advocacy
“Protecting Special Needs Children And Their Families”
Special Needs Planning
Medicaid and SSI Applications
Special Education
Special Education Law Services
– IDEA Due Process Hearings
– IEP Meetings
– Section 504 Hearings
– ADA Litigation
Fabisch Law Special Education Resources
Special Education Services
Due Process Hearings
When
a school district denies a child a free, appropriate public education
(FAPE), parents have a right to challenge the district in a due process
hearing. These challenges relate to the evaluation, classification,
program and placement and/or implementation of services. When a parent
invokes a due process hearing an impartial hearing officer is appointed
to hear each parties position and then decide the dispute.
a school district denies a child a free, appropriate public education
(FAPE), parents have a right to challenge the district in a due process
hearing. These challenges relate to the evaluation, classification,
program and placement and/or implementation of services. When a parent
invokes a due process hearing an impartial hearing officer is appointed
to hear each parties position and then decide the dispute.
The hearing process is much like a trial, with each side presenting
evidence and sworn testimony. At the conclusion of the hearing,
usually, both sides prepare written briefs arguing the facts and the
law, before the hearing officer renders a decision. If either party
disagrees with the decision, they can seek review in the Federal Court.