Perspectives on School-Based Issues

From the Coordinator

Block, F. K. — 2008-03-01

How to Survive a Due Process Hearing

Corbin, C. — 2008-03-01

Background/Introduction: Due process hearings are administrative hearings that resolve disputes between parents of children, who qualify for special education services under the Individuals with Disabilities Education Act ("IDEA"), and a Local Educational Agency ("LEA"). The IDEA provides that students that qualify for special education services are entitled to receive a Free Appropriate Public Education ("FAPE"). A FAPE has both substantive and procedural requirements. The process by which a LEA details the provision of a FAPE to a student who qualifies for special education services is through the development of an Individualized Education Program ("IEP").

Objectives: This article reviews the process to develop a legally defensible IEP. This article provides strategies for LEAs and educational professionals to avoid a due process hearing. This article provides a brief description of and timelines associated with a due process hearing. This article provides suggestions to educational professionals who may be called to testify as a witness at a due process hearing.

Conclusion: LEAs and educational professionals can minimize their risk of having to undergo a due process hearing and can maximize their chances to prevail at a due process hearing through preparation and training.

Avoiding a Due Process Hearing

Kreb, R. — 2008-03-01

The Individuals with Disabilities Education Act (IDEA) provides a framework for ensuring students receiving special education and related services receive a free and appropriate education. When provision of that education is called into question, speech-language pathologists may find themselves involved in a due process hearing. By maintaining solid documentation of services provided and being clear communicators, speech-language pathologists will be prepared for a due process hearing.

Current Court Decisions Impacting School Practice

Moore, B. J. — 2008-03-01

Court decisions in special education lawsuits lay the foundation for decisions in Individualized Education Program (IEP) meetings. Recent decisions are reviewed in this article in order that speech-language pathologists and other educators can remain current on judicial trends. Specific cases are landmark for making offers of placement, ensuring the presence of a general education teacher at the IEP meeting, which party bears the burden of proof in a due process hearing, procedural violations and denial of a Free Appropriate Public Education (FAPE), and how the courts view a student's lack of progress in terms of a district's obligation to provide FAPE.

Due Process Hearings: Understanding, Preventing, Preparing

Power-deFur, L., O'Toole, T. — 2008-03-01

The words due process typically trigger dread, anxiety, and perhaps anger for school administrators, teachers, and speech-language pathologists. We agree with Moore and Montgomery, that "...a due process hearing is like a court proceeding where evidence is presented and, ultimately, one side prevails. The general feeling about due process hearings is that, in the long run, no one really wins as there are so many hard feelings after these events" (2008, p. 317).