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What Does It Take to Make a Special Education Class Action Lawsuit?

Posted on October 5, 2016

The very law that guarantees your special needs child the right to a free and appropriate public education — the Individuals with Disabilities Education Act (IDEA) — was born out of class actions in the 1970s.

Generally, at least one member of a class in a class action lawsuit should have completed their case through the administrative hearing level.

Here are five steps to a successful class action:

  1. Identify the facts and legal theory supporting the facts.
  2. Exhaust all administrative remedies, or determine whether you need to exhaust them.
  3. Show that the systemic issues remained after the administrative hearing.
  4. Identify the class members.
  5. Attempt to resolve the situation through all other means.

The attorneys at the Cuddy Law Firm can help you navigate appeals and class actions and fight to the fullest extent for your child’s well-being.

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