Special Education Services
The laws that govern special education can be confusing to many parents. My role is to assist parents in understanding what services their child has a right to receive and the process to ensure those services are being provided.
1
IEP Team Member
Many parents feel overwhelmed by the Individualized Education Program (IEP) team meeting. Parents can feel alone when facing off against a room full of school staff. Many parents feel unheard and that they are being pushed to accept a program the school wants to provide.
My role as an IEP team member is to ensure that you are not facing the District alone, to ensure that all legally required procedures are being met, and that the parent's voice is heard.
2
Due Process Complaints
When it has becomes clear to a parent that the special education services being provided to their child through an IEP are inappropriate and the family has not been able to resolve the dispute amicably, filing a due process complaint against a school district may be necessary. By filing a due process complaint, the parent notifies the school district of their disagreement and provides the school district the opportunity to address the parent's concerns.
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My role in filing a Due Process Complaint is to guide parents to ensure that they have the necessary documentation to support a claim against the District. Draft a Due Process Complaint, which is submitted to the Office of Administrative Hearings and the school District, designed to ensure the family is in the best possible position to negotiate a resolution with the school district.
3
Settlement Negotiations
When a dispute arises between parents and a school district, the parties may engage in settlement negotiations to resolve the dispute. These negotiations can occur before the filing of Due Process Complaint or after a complaint is filed.
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My role is to ensure that the parent is in the best position to negotiate with the school district. I will meet with the parent to prepare them for the in-person negotiations, provide the school district with any documents that support the parent's position, accompany the parent to the Alternative Dispute Resolution (ADR) meeting, resolution session, or mediation. During negotiations, I provide parents guidance as to the legal strength of their claims and the reasonableness of proposed settlements. Once terms of a settlement have been reached, I will work to ensure that the settlement document complies with the agreed upon terms while ensuring that parents are not unnecessarily waiving their rights.
4
Administrative Hearings
Historically, over 90% of Due Process Complaints are resolved before an administrative hearing begins, there are instances where the dispute requires an Administrative Law Judge to hear testimony and review evidentiary exhibits to reach a resolution of a matter.
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When a parent's case advances to a Due Process Hearing, my role is to ensure that all necessary documents are filed with the Court, prepare and submit exhibits, prepare witnesses before providing testimony, questioning witnesses at hearing, and drafting closing briefs at the conclusion of the hearing.