Would you like to learn some due process tips? Would you like to increase your chances of winning, to benefit your child with autism? This article will give you 8 tips that will help increase your chance of prevailing at a due process hearing, for your child.
1. Use a form to make it easier to file for a due process hearing. Every state board of education is required to have a due process form available for parents to use. The form is not mandatory, but can make filing easier.
The Individuals with Disabilities Education Act (IDEA) of 2004 added a section where due process filings must be sufficient. What this means is that the due process request, must contain certain information. If the due process request does not contain this information, then the request can be denied by the hearing officer. To prevent this, you may want to use a form. Make the issues simple, and don’t forget to add specific resolutions (what you are asking the hearing officer to give your child).
2. If you have not filed for due process before, have another parent, advocate, or special education attorney, look at your due process request. Issues cannot be changed once the request is filed, unless special education personnel agree, or the hearing officer allows it.
3. Once you file for a due process hearing ask for a complete copy of your child’s school record. Most states have regulations that allow this. Ask for temporary, permanent, E mails, internal memos, audio and video recordings.
4. Due process hearings can be opened to the public or closed to the public.Some hearing officers will not allow sequestration of witnesses at an open hearing.
5. Insist on sequestration of witnesses for the due process hearing. This way special education witnesses cannot hear each other testify. It makes it easier to catch the lies and deceptions, during a due process hearing.
6. Ask the hearing officer to allow you to present your case first. This prevents special education personnel from bringing up irrelevant issues to muddy the waters. Some hearing officers will not allow a parent to go first, if the school district has the burden of proof; but try anyway.
7. Write your opening and closing, on the computer during your preparation time. This will allow you to change it as you see fit. Don’t forget to make references to IDEA and No Child Left Behind (NCLB) when appropriate. If the hearing goes over two days, do not print out your closing until the end of the first day. That way you can change the closing on the computer.
8. If you are conducting your child’s due process yourself, ask a friend or another parent to attend the hearing and take copious notes. The other person can watch body language, and can give you tips on things that you miss.
9. During the schools testimony you can make objections, to throw the school personnel off of track. The objections that I have heard are : irrelevancy, question already asked, objections to witnesses and documentation that hurts your case.
By using these 9 easy tips, you will well be on your way to prevailing at a due process hearing.
By: JoAnn Collins
Posts Tagged ‘What This Means’
9 Tips That Will Increase Your Chance Of Winning A Special Education Due Process Hearing
November 27th, 2009Special Education – 3 Benefits Your Child Could Receive From an Inclusive Placement
October 30th, 2009
Are you considering an inclusive placement for your child with autism,
or learning disabilities? Would you like to know what benefits, your
child with a disability could gain by being in an inclusive placement?
This article will discuss what inclusion is, and what positive things
your child can receive, from an inclusive placement. Remember,
inclusion is not for every child with a disability, but it is an
option.
Inclusion is a type of placement that is available, for any child with
a disability. The education takes place in the regular classroom. This
could be a full time inclusive placement or a part time, whatever your
child needs to benefit from their education.
3 Benefits:
1. In an inclusive setting, your child will have access to the regular
education curriculum. What this means, is that your child will
hopefully receive the same educational instruction, as children
without disabilities. Parents and special education personnel, should
have high expectations for children with disabilities, and access to
the regular education curriculum may be what the child needs.
2. In a inclusive setting, your child will also receive district wide
and state testing. This testing will bring about accountability for
your child, and will also help you understand if they are not
learning, and need a more intense placement. Keep copies of all
district and state wide testing, in case a dispute occurs between
yourself and school personnel.
3. In an inclusive setting, your child will have a greater access to
children without disabilities, which will help them develop
appropriate social skills. Children with disabilities have the right
to be educated with children without disabilities, to the maximum
extent appropriate.
Remember, that if your child is in a regular classroom, they have the
right to supplementary aids and services, that will help them benefit
from a regular education classroom. These could be anything that your
child needs; a classroom assistant, and individual assistant, shorter
assignments, shorter tests, etc. These supplementary aids and services
will help your child succeed in a regular classroom.
By understanding what benefits your child can receive from an
inclusive placement, you will be better able, to make an informed
decision about placement. What is most important is what placement
your child needs in order to learn.
By: JoAnn Collins
