Going to Due Process

Discussion in 'Special Ed 101' started by NoMoreTrust, Dec 11, 2008.

  1. NoMoreTrust

    NoMoreTrust New Member

    We have finally chosen DP. Met with the lawyer a few weeks ago, and paperwork is in the works. Unfortunately the school district would not even give eligibility after private evaluation and IEE (school district paid evaluation from 3rd party) were the same with autism. Has anyone had experiences to know what to expect leading up to and during the process?
     
  2. Superpsy

    Superpsy New Member

    Fortunately I have no personal experience with due process. We had one parent file in a district last year and the one thing I remember is that we were going to have mediation before the due process hearing. I'm pretty sure this was voluntary (mediation) and I'm pretty sure something would have been worked out. This is a good read.
     
  3. Ropefree

    Ropefree Banned

    Have your ducks in a row. Stay on topic. Repeat key points that are central to your learners needs/condition, have scripted and correct information that presents inarguable evidence of the relavance to your learner for the services,
    use references that show that evidenced meathods central to successful outcomes for the conditions your learner brings to the teaching institution.
    GOOD LUCK! Building a better world together that includes the people who live here.
     
  4. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

  5. NoMoreTrust

    NoMoreTrust New Member

    I'll probably purchase the video. Unfortunately the school district has not worked with us one bit. Totally pretends there is no issue. I just don't know what to expect (they cave/they fight to the last one standing/they get nasty).
     
  6. Sheila

    Sheila Moderator

    I'm so sorry it's gotten to this point. Sometimes parents are left with no other choice.

    Due Process is a legal proceeding. I'd check with-my attorney before purchasing a video camera -- it may not be allowed by law. (Due Process is very different than an IEP meeting.)

    You must live in Texas. sigh....

    wrightslaw.com does have good Due Process info. You might also want to check the archives on this site.

    Marti has been through due process and helped others with-due process. If you do a search, you'll probably be able to locate some of her posts.

    Best of luck to you. Keep us updated.
     
  7. dreamer

    dreamer New Member

    Hopefully your lawyer will be AT due process? It can be quite intimidating. there are certain specific procedures, laws etc for how the hearing is conducted. It can also get kinda ugly, but you must adhere to the format etc for arguing your case, presenting evidence, gathering tesimony etc. In our hearing I had to comply with discovery, list of potential witnesses, providing aproperly executed set of documents, including cpies or he distrct andthe hearig oficer, in a very specifc format......and ac cording to specific timelines etc.
    Our hearing was held in a room in our school building, actually, the same room all our iep meetngs were held......in hindsite I wish ithad been held in more neutral territory. Tape recorders and video tape was NOT permitted. there was a transcriptionist there......
    It was very similar to a civil or criminal trial, in my opinion
     
  8. NoMoreTrust

    NoMoreTrust New Member

    Sorry, I meant the DP video that they sell on the Wright's Law Website. 25% off right now!

    I was thinking of representing my child (no lawyer), but realized since they are already breaking laws, they would probably try to play with procedure etc.

    I fell we have a very strong case, so we should get most of the fees (assuming we win). But it will be nice not to stress on procedure, but focus on the facts.
     
  9. Ropefree

    Ropefree Banned

    The transcriptionist will take down every thing you say..soo you say what you have to say as it aplies to the law...that transciptionist is the one who keeps the lawyers on target and not gaming the process by playing cat and mouse with the "little people".

    The people who are not doing their job will suddently do the correct and legal thing because for the most part people "DO KNOW" and the slackers need the kick in the you know what and somebodies kid getting there needs met with a finacial payout befor oh yeah they can do the correct thing. And put up a poster in the main office, by the door and whip out the forms when mentioned the first time, and give the information and stop all the evasion and foolishness because discriminating is so natural to so many people.

    Be ready, be clear and talk speak up and do not let some smooth talker minimize the hastle you have been through. It their obligation to provide the appropriate free education, evaluations, services ect...why are you spending your time in their little circus? Oh because some good old boy in your county doesn"t "feel like" federal law applies?
     
  10. dreamer

    dreamer New Member

    Um.... not sure how it is where YOU are.but... here? the transriptionist is simply an outside party, a supposedly nuetral party......hired in simply to record the meeting and then type it up so hard paper copies of everything said is available. Our transcriptionist would likely not have even known if correct procedure or policy was occureing etc. and certainly could NOT have prompted or guided anyone. For our DP the state board of ed used a court reporter person.
    I also would be very leery of hoping to have anyone else present guide you, becuz......the hearing officer might not want to take the time and the school district would maybe be more than happy to give you "bad" advice and "help"
    If you choose to represent yourself, you need to KNOW and understand the IDEA laws really reallly well, and need to be able to cite them..and also haveing case law and such at your disposal is very helpful when trying to convince hearing officer precendant has already been set for anything you are wanting out of the DP.
    I had to submit a list of potential witnesses I might call and estimate how long their testimony would be ......I had to review the school districts list of potential witnesses they might call........I had to submit anything I might want to refer to or use---such as ALL our IEPs .certain school records, logs etc...in advance......and have those documents approved ahead of time according to a strict standard set forth for DP hearings.......

    I had to follow the letter of the law, and if I did not know the law, they could exclude things on me.or twist things, manipulate things or take advantage of my lack of knowledge.

    Im not sure how things are everywhere or anything..but I am fairly sure even if you "win" DP you might NOT get any financial considerations? I know I couldn't.
     
  11. dreamer

    dreamer New Member

    Um.... not sure how it is where YOU are.but... here? the transriptionist is simply an outside party, a supposedly nuetral party......hired in simply to record the meeting and then type it up so hard paper copies of everything said is available. Our transcriptionist would likely not have even known if correct procedure or policy was occureing etc. and certainly could NOT have prompted or guided anyone. For our DP the state board of ed used a court reporter person.
    I also would be very leery of hoping to have anyone else present guide you, becuz......the hearing officer might not want to take the time and the school district would maybe be more than happy to give you "bad" advice and "help"
    If you choose to represent yourself, you need to KNOW and understand the IDEA laws really reallly well, and need to be able to cite them..and also haveing case law and such at your disposal is very helpful when trying to convince hearing officer precendant has already been set for anything you are wanting out of the DP.
    I had to submit a list of potential witnesses I might call and estimate how long their testimony would be ......I had to review the school districts list of potential witnesses they might call........I had to submit anything I might want to refer to or use---such as ALL our IEPs .certain school records, logs etc...in advance......and have those documents approved ahead of time according to a strict standard set forth for DP hearings.......

    I had to follow the letter of the law, and if I did not know the law, they could exclude things on me.or twist things, manipulate things or take advantage of my lack of knowledge.

    Im not sure how things are everywhere or anything..but I am fairly sure even if you "win" DP you might NOT get any financial considerations? I know I couldn't.
     
  12. NoMoreTrust

    NoMoreTrust New Member

    Well, the school district has gotton serious with us. We just received a "letter to a stranger" from them. I wanted to edit it and send it back (you left out this and that, nad forgot to mention this and that).
    Read it a few times and realized they will look bad at the hearing with so much incosistantcy in data, testimony, etc. It stood out even more in the letter with the gaps. We documented and got copies of everything they have done, so they can't change the records.
    I guess they are expecting (rightfully so) the DP filing. It is being worked up now.

    Anything else I should expect from the school district?
     
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