Wrightslaw l No Child Left Behind l IDEA 2004 l Fetaweb l Yellow Pages for Kids l Harbor House Law Press
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Wrightslaw l No Child Left Behind l IDEA 2004 l Fetaweb l Yellow Pages for Kids l Harbor House Law Press |
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The
IDEA includes rules of procedure for resolving disputes between parents and schools. These rules include
mediation, due
process hearings, and appeals to state or federal court. (Wrightslaw:
Special Education Law, page 107-115) Before you request a due process hearing, you should be familiar with the federal statute and regulations and your state special education statute and regulations. You should also read the Rules of Adverse Assumptions. (Chapter 21, Wrightslaw: From Emotions to Advocacy) How
can parents prevail? Anatomy of a Special Education Case. What happens in a special education case? Read about the case of a young child with autism, from the original due process hearing through decisions from federal court and the U.S. Court of Appeals; this article includes links to pleadings and decisions. Attorney
Manual: Representing the Special Ed Child - For attorneys, advocates, and
parents who are preparing for a due process hearing. Due Process Hearing: From Child's Perspective. Read what it is like to go through a due process hearing - from the child's perspective. Due Process Hearing: From Mom's Perspective. Florida Mom tells about lessons she learned at her hearing. How
to Prepare for a Due Process Hearing. Vermont advocate Brice Palmer advises
how to prepare for a hearing or review, focuses on importance of planning and
organizing. "If you do not plan and organize the pursuit, you are likely
to wind up as road kill." How to Put on a Special Education Case - Minnesota lawyer Sonja Kerr provides advice about tactics and strategy to the lawyer who is handling his or her first special education case. Understanding Tests and Measurements - The child has received three years of special education for reading problems. Has the child made progress? Has the child fallen further behind? In special education cases, evidence includes standard scores, percentile ranks, subtest scores, and age and grade equivalent scores. To successfully negotiate or litigate for appropriate services that provide educational benefit, you need to know how to interpret test scores. To ensure that you have the graphics in this article, print the article from the screen (rather than download it). Learn More About Tests and Assessments: Educational Progress Graphs - Our Slide Show Will Show You How to Do It! Download Tests & Measurements Slide Show as a PowerPoint Presentation (204kb) Whitehead Case: The Inside Story - The famous $600,000 jury verdict against the Hillsborough Florida school district - what was this case really about? Laura Whiteside, attorney for Andrew Whitehead and his parents, tells the "inside story." Whitehead Case: Jury Awards $600,000 Damages to Parents - In Whitehead v. Hillsborough, a Florida jury took less than 2 hours before deciding that the school system retaliated against the parents of a child with Downs Syndrome. Caselaw
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A
due process hearing is usually a formal, contested, adversarial trial. Special
education cases are similar to medical malpractice cases, with battles of expert
witnesses, and the emotions of bitterly contested divorce cases with child custody
and equitable distribution issues. 
