Your Child is Entitled to a Free Appropriate Public Education (FAPE).
If your child is enrolled in school and the school district denies your child a free, appropriate public education (FAPE), you have rights as a parent. You can challenge the school district in a due process hearing.
These hearings relate to your child’s classification, evaluation, placement, program and/or implementation of services. Should you choose to pursue a due process hearing for your child, an impartial hearing officer (IHO) is appointed to hear your side as well as the side of the school district. Once the IHO has heard both sides, the IHO will make a decision.
If you choose to pursue a hearing for your child, the process is very similar to a trial, with each side presenting evidence and sworn testimony to the IHO. Many school districts are represented by attorneys and the process can be overwhelming. It’s in your best interest as a parent and in your child’s best interest to have a special education attorney help you in the proceedings.
Once your child’s hearing is concluded, if either you or the school district disagrees with the IHO’s decision, the next step is to appeal to the Office of State Review or to file an appeal in federal court depending on the state where the action is filed. If neither party chooses to appeal, the decision is final.
If you think your child is not receiving an appropriate education, the Cuddy Law Firm is here to help your family. Our special education attorneys have represented families, just like yours, in due process hearings. Let us guide you through this very difficult process.