Do you have to have an attorney 4 DP?

Discussion in 'Special Ed 101' started by TheOnlyMe, Dec 13, 2008.

  1. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    I think I have seen some case laws or somewhere that a parent can represent themselves, but I know they would have to be very verse in the law.

    Shelia, would you get an attorney if you had to go to DP?

    The school officials and me and difficult child are going to visit the Monarch School on Tuesday.
     
  2. Sheila

    Sheila Moderator

    Yes. It is a legal proceeding. The school district will have an attorney(ies). Just not knowing technicalities could loose the case.

    Let us know how the visit goes.
     
  3. dreamer

    dreamer New Member

    I did our due process without an attorney. I would NOT recommend it. Marte has stats, but bottom line is going to due process without an attorney is a fast way to lose. Even if you ARE well versed.
    Our district played very dirty, hard ball, nasty. They twisted every law, brought papers - IEPs that were very old, mixed in between pages of newer IEPs, accused our doctor of not being a doctor at all (mostly just to force us to have to call our doctor in in person from quite far away- to defend HERSELF and to muddy the water, trying to take focus of themself)
    Our hearing officer herself did not even honor and follow federal law re timelines etc.......
    In my state, due process does not have a possibility to appeal a case, so if you lose, you have no recourse. The outcome in our case was not even clear. I ordered transcripts of our entire case, an te transcripts did NOT mach up to ANY of the testimony. In hindsight, I wish we had had repreentation, if only so that we would have had someone to back us up on the transcripts being falsified and to hold the hearing oficer to federal law.
     
  4. dreamer

    dreamer New Member

    PS. we also had problems with...you know how everyone says create a paper trail? keep copies of everything, get eveythign in writng, use certified mail etc
    we kept all correspndace. we used certified mail for everything. Our district created papers, letters, that they did nt hae certified mail recepts, no proof they sent those letters- letters I never recieved. i had copies of letters I sent ANDMY reciepts etc..... well, hering officer refused to acept my objection to their letters thta had NO PROOF... and at same time, refused to believe my recipets were for the letters, even tho all were dated etc.
    from the time we filed for ude process till we got our determination? Nov 1 till April 30.......and school did not comply wth hearng officers mandates for 6 MORE months after that.

    Also, another caution. If you have other children in the same district, whether they have an iep or not..... watch THEM closely after you request due process. Some districts retaliate.
     
  5. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    Yes I have heard of the retaliation but I only have one, and they have damaged him so much in the last four years, it is criminal!
     
  6. dreamer

    dreamer New Member

    trust me, I TOTALLY understand. My difficult child was severely damaged by her school experiences according to our psychiatrist. Yes, our hearing officer ageed.......The damage done to my difficult child FAR exceeded her problems from her bipolar. THis is the expert opinion of 2 psychiatrists, 2 ndocs and sevral tdocs. and me.

    Sadly, I had 2 other younger kids in the same disrtict. It was a serious and severe problem.
     
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