Parents--has anyone gone through a due process hearing?

Question

I am writing a paper and need a hypothetical situation in which a parent would want accommodations the school was not willing to provide; the school then orders a due process hearing to have their wishes granted. If anyone has gone through this process, can you share what happened? Thanks.

Answer 1

First, the school can not "order" a DPH. That occurs through the state department of education. A formal request has to be made by the district, not the school itself. The state then decides whether the case has merit to warrant a DPH.

The next step is asking both parties, the district and the parents, if they will agree to mediation. Both parties must agree or mediation can not go forward. If it is agreed to, some or all issues can be addressed and resolved in mediation. If any or all are resolved, a contract is written for both parties to sign. If only some of the issues are resolved, the DPH goes forward. If none are resolved, the DPH goes forward. If one or both parties do not agree to mediation, the DPH goes forward.

At that point, the state assigns a hearing officer for the DPH. The parents are informed of their right to have an attorney in attendance on their behalf. They can choose to represent themselves, but, often, this is not the best move to make, esp. when it's the district that has requested the DPH. The hearing must be held within 45 days of the request.

I have gone to mediation on one complaint to the state. In a second complaint to the state, I was the one to request the state's intervention and it was via a written complaint to the state that went through the investigation process and was decided in my favor without going through mediation. I have also assisted many parents in making a written complaint to the state as a special education advocate and consultant. However, if the case needs to go to a DPH, I turn the case over to an attorney.

Answer 2

If the school is not providing the services,it is the parents who file for due process and not the school.

Answer 3

OK.  My cousin is dyslexic.  She went to school in hanover county and went all the way to 9th grade and still was unable to read.  EVEN though they had an IEP in place and she was receiving special education services, they were not successful in remediating her.  OK, so then her parents asked for better remediation program.  The school failed to provide these services and thus a review and then due process hearing.  In the due process hearing they only ended up giving the school "more time" even though she was 3 years from graduating and completely illiterate and her IQ was 125 which is average to gifted levels.  Therefore because they were able to prove that she was of good intelligence and that the school had failed to create an effective IEP program, they sued the school system and won financial reimbursement for 3 years of placement in a school for dyslexic children in Richmond.  OK so then they ALSO ruled that the school had caused undue duress and had to pay retribution for that as well.  She is now in college reading on about a 3rd grade level, under IDEA the college provides her with books on tape and allows her to take her tests orally via a proctor.  

SOOO..there is a fine example of how crappy public schools and their due processes are.