Due Process Hearing

There will be times when parents just cannot agree with the school’s recommendations about their child’s education. Under the law, parents have the right to challenge decisions about their child’s eligibility, evaluation, placement, and the services that the school provides to the child. One option is to make a written request to the school for a Due Process Hearing. These hearings are very much like the court cases you might have seen on TV. Families have the right to present evidence about their child and what he or she needs, to cross-examine witnesses and to have a special education lawyer help them. An Impartial Hearing Officer listens to the case and will make the final decision.

Marc Davies provides legal assistance and practical advice for families of individuals with disabilities, based on his own personal experience and years of assisting others.

Requesting an Impartial Hearing

If your family does not agree with the school district regarding your child’s IEP, you will likely need some advice on how to move forward to solve the dispute in a way that gets your child the resources and support that he or she needs. Talking with the school district is a good place to start, but mediation is also a potentially helpful alternative. If mediation does not solve the problem, then you have a right to request an impartial hearing. When requesting an impartial hearing, you should collect and prepare any documents relating to your child’s educational program. I can help you determine the documents that are needed and how to present them in a way that best advocates your position.