How to Prepare for and Survive Due Process Hearings

							How to Prepare for and Survive
    Due Process Hearings




  2004 Council for Exceptional Children
          Annual Conference
                New Orleans, Louisiana
                   April 15, 2004
  David Bateman, Doris O’Shea, and Larry O’Shea
   What are the presentation
         objectives?
 Provide an overview of special education due
  process hearings.
 Examine common due process hearing issues.
 Identify parents’ preparation and survival
  tips for due process hearings.
 Identify LEAs’ preparation and survival tips
  for due process hearings.
 List pertinent resources on due process
  hearings.
What is Due Process?
      What is a due process
            hearing?
 Formal exchange of
  information.
 Often adversarial.
 Opportunity for review
 Cost intensive (i.e., time
  and labor).
 May or may not derive a
  favorable end product.
       What are common due
      process hearing issues?

 IDEA
     Identification.
     Evaluation
     Educational placement.
     Provision of a free appropriate
      public education.
 Related Section 504 issues
          Top Issues for Due Process
                    In PA
10 0 0
          9 2 2
 900

 800              684    682
 700

 600                           536   534

 500

 400                                       288
                                                 266   264   243   233   228   223
 300                                                                                 18 7    17 1   17 0   16 8
                                                                                                                  13 9
 200                                                                                                                     113   10 7   10 5   10 1   96   79   77   64
 10 0
                                                                                     3
                                                                                     5
    0
                                                                                         1


         Top 5 Issues:
                •Evaluation
                •Program placement-General/multiple issues
                •Compensatory Education
                •Placement-Appropriateness
                •IEP-General/multiple issues


                        Source: Office for Dispute Resolution, PA Dept of Education, 2003
How can parents prepare for a
    due process hearing?
       How can parents make
         disputes worse?

   Draw a line in the sand.
   Use the word NEVER a lot.
   Say you want someone fired.
   Miss deadlines.
   Say you want someone’s head on a platter.
   Lose paperwork.
   Make it personal.
 What can parents do to reduce the
       need for a hearing?

 Document, document, document.
 Return phone calls.
 Support your child.
 Understand the laws.
 Be a part of the team.
 Understand this is not a class action.
 How can parents prepare
for a due process hearing?

 Initiation of service.
 Every contact.
 The files.
 Witnesses.
 Questions that might be asked.
    What other strategies can parents
    employ?

   Review and organize all documents.
   Organize in chronological order (TOC).
   Consult with others.
   Identify witnesses.
   Identify weaknesses.
   Consider mediation.
   Strongly consider a special ed. attorney.
How can LEAs prepare for a
   due process hearing?
            How can LEAs make
             disputes worse?

   Draw a line in the sand.
   Use the word NEVER a lot.
   Use a cookie cutter approach.
   Miss deadlines.
   Give the message you don’t care.
   Lose paperwork.
   Make it personal.
    What can LEAs do to reduce the
         need for a hearing?

•   Understand Needs of Students.
•   Review IEPs.
•   Establish and Maintain Effective
    Communication.
•   Be Updated on Clarification of Regulations.
•   Attend Updated Trainings.
•   Seek Mediation Before Turning to Hearings.
    How can LEAs prepare for a due
    process hearing?


 Review and organize program documents.
 Review all non-required information.
 Organize all documents in chronological
  order.
 Notify your attorney.
 Notify your errs and omission and /or
  general liability insurance carrier.
      How can LEAs prepare for a due
         process hearing? (Continued)

 Continue to meet procedural timelines.
 Meet with your attorney.
 Identify witnesses.
 Prepare witnesses by reviewing testimony.
 Know the due process system in your
  state.
 Consult with others who have been
  through a hearing.
 Reconsider mediation.
   How can LEAs survive a due process
               hearing?

 Maintain Staff Morale.
 Adjust Policies and Procedures.
 Focus on Staff Development.
 Share with Other Educational
  Agencies.
 Rebuild Relationships.
    Where can parents and LEAs go
       for more information?

   www.cec.sped.org
   www.wrightslaw.com
   www.napas.com
   www.specialedconnection.com
   www.ideapractices.org
   www.ldonline.org
   groups.yahoo.com/group/EducationNews/
   www.sopriswest.com
            Summary

 Anticipate changes every five years.
 Accept that special education regulations
  are not going away.
 Document and date everything.
 Seek support from others.
 Provide support for students, teachers, and
  aides.