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Special Ed 101
Due process questions
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<blockquote data-quote="Martie" data-source="post: 145474" data-attributes="member: 284"><p>What a timely question: </p><p>If I get my act together, I will be posting the findings of the Due Process study we conducted last year (qualitative research is VERY SLOW going)</p><p></p><p>I do not know if Sara was one of the 9 respondents in the study because it is anonymous, but I hope so.</p><p></p><p>The parents on this board win at a higher rate than nationally. It depends on where you live as to whether or not you MUST as a practical matter, have an att'y. In IL, the whole system is very "court-like" and overly legalized. Everyone, including the H.O. are lawyers and they love to jump up and yell, "Objection," but neither court procedures nor rules of evidence apply.</p><p></p><p>The cost you quoted would be a huge UNDERESTIMATE for urban IL, but may be correct for where you are. IDEIA specifically REQUIRES that DP rules be followed or any court case will get thrown out for failure to "exhaust administrative procedures." IDEA cases are heard initially in federal, not state, courts. by the way, DP was written into the law to avoid "unnecessary litigation." Hasn't worked out that way. However, only the very rich and the very poor can "afford" court. The rest of us spend what money we have on our kids, or move to another SD or whatever we can manage.</p><p></p><p>I personally believe retaliation is a problem based on "the grapevine", but the results that we have do not support that conclusion.</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 145474, member: 284"] What a timely question: If I get my act together, I will be posting the findings of the Due Process study we conducted last year (qualitative research is VERY SLOW going) I do not know if Sara was one of the 9 respondents in the study because it is anonymous, but I hope so. The parents on this board win at a higher rate than nationally. It depends on where you live as to whether or not you MUST as a practical matter, have an att'y. In IL, the whole system is very "court-like" and overly legalized. Everyone, including the H.O. are lawyers and they love to jump up and yell, "Objection," but neither court procedures nor rules of evidence apply. The cost you quoted would be a huge UNDERESTIMATE for urban IL, but may be correct for where you are. IDEIA specifically REQUIRES that DP rules be followed or any court case will get thrown out for failure to "exhaust administrative procedures." IDEA cases are heard initially in federal, not state, courts. by the way, DP was written into the law to avoid "unnecessary litigation." Hasn't worked out that way. However, only the very rich and the very poor can "afford" court. The rest of us spend what money we have on our kids, or move to another SD or whatever we can manage. I personally believe retaliation is a problem based on "the grapevine", but the results that we have do not support that conclusion. Martie [/QUOTE]
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