Navigating the Waters of Due Process in Special Education

by | Aug 21, 2023 | Advocate Resources

Join in a Real Due Process Hearing: A Unique Opportunity

I’m headed into a Due Process hearing August 23-25, 2023 and I invite you to join me via Zoom. This is a rare opportunity to witness a Due Process hearing in action and gain valuable insights into the process.

Whether you’re a parent, educator, advocate, or simply curious about special education law, this experience will deepen your understanding and empower you to advocate with confidence.

Details and registration information are available on my LinkedIn page. You must be prompt!

What is Due Process?

Due Process is a legal safeguard that protects the rights of children with disabilities and their families. It ensures that every decision made about a child’s education is fair, transparent, and in line with the law.

When Might Due Process Come into Play?

Imagine you disagree with your child’s school about an evaluation, an Individualized Education Program (IEP), or placement. You’ve tried to resolve the issue through collaboration and communication, but you’ve reached an impasse. That’s when Due Process becomes your guiding star.

The Two Paths of Due Process ️

  1. Mediation: This is a voluntary process where a neutral third party helps both sides reach an agreement. It’s a space for open dialogue, understanding, and collaboration.
  2. Due Process Hearing: If mediation doesn’t resolve the issue, you may request a Due Process Hearing. It’s a formal legal proceeding, much like a court trial, where both sides present evidence, and an impartial hearing officer makes a decision.

Navigating with Compassion and Courage

Friends, Due Process is not about confrontation; it’s about seeking justice and ensuring that our children receive the education they deserve. It’s a path that requires courage, preparation, and a heart full of compassion.

Tips for Your Due Process Journey

  • Know Your Rights: Familiarize yourself with the Individuals with Disabilities Education Act (IDEA) and your state’s special education laws.
  • Gather Evidence: Collect all relevant documents, evaluations, and communication.
  • Seek Support: Consider consulting with a special education advocate or attorney.
  • Stay Positive: Approach the process with an open heart and a belief in positive outcomes.

Embrace the Adventure

Due Process is a vital part of our special education landscape. It’s a tool that empowers us to stand up for our children and ensure that their educational rights are honored.

Remember, dear advocates, you’re not alone on this journey. Reach out, ask questions, and believe in the power of love, law, and advocacy.

Keep shining, keep believing, and keep advocating,

‘Remember, when we get it right for the child, we get it right for everyone.’


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