Has anybody been part of a due process hearing before and can give me an idea of what to expect?

Question

There is a due process hearing for my sons educational placement and related services and I was hoping someone could give me an idea of what to expect and maybe how to be prepared. At this time I'm representing him wiithout a Lawyer or an advocate. The due process hearing is about IEE's, being taught at his academic level, having an aide for core classes and assignment modifications.

Answer 1

The one I was involved in both sides had lawyers, but it is very similar to a formal court proceeding.. just a little less formal. There is a hearing officer that acts like a judge and both sides call an interview witnesses.. present their evidence etc. Then you have to wait a month or more for a hearing from the officer.

There are videos and lots of good information on due process hearings at www.wrightslaw.com

Answer 2

Here is the BEST site fotr special ed law from THE top sped lawyer in USA,  and gives a short article on what to expect.

He says it's VERY controversial , heart wrecking, etc.

And, when due process happens, schools go to even more lenghts to harass parents and children (even though this is illegal by IDEA law)

http://www.wrightslaw.com/info/dp.index....

It is best to go the other routes before doing due process.

WHo is filing for this, you or the school?

DO NOT go into this without a lawyer or advocate! You really have to know your laws and know your stuff because schools are VERY sneaky in violating the laws, and parents rarely win.

Even if the parents DO win, the hearing officer orders a 'gag order' for parents not to tell how corrupt the school is. THis is horrible.

About the IEE, if you requested the school to pay for an outside eval because you didn't agree wiht the eval they did,, and the school refused to pay, THEY have to file due process hearing to PROVE their OWN eval is 'sufficient'.

Answer 3

You are doing yourself a disservice by not having a lawyer or other advocate.  I would bet money against not receiving an aide.  It just doesn't happen. That's what separate classes are for unless there is a physical disability involved.  The assignment and instructional modifications may fall under this as well.  The more a child advances in school, the less control the local school system has in this.   For instance, use a lesser reading level book and you loose content.  The child is not exposed to the material that would give him the tools to pass the required tests for that course. Graduation requirements and the like.

I'm not sure what IEE's stand for.  Anyone help me out on this?