Special Education Law and Disability Advocacy
"Protecting Special Needs Children And Their Families"
Special Education Law Services
- IDEA Due Process Hearings
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.
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.
Fabisch Law, L.L.C.