Due Process Success: A Case Study

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In This Issue . . .

Circulation: 84,497
ISSN: 1538-320
March 1, 2011

Wrightslaw: Surviving Due ProcessHow can parents prevail at due process? You must learn how to use letters, documents, and independent witnesses to prove your case.

Your job is to present your case in an organized manner. Give the decision-maker enough good factual information to reach a conclusion in your favor. Make sure you read each section in today's issue to find out how.

In this issue of the Special Ed Advocate, you'll find a new success story of how one family prevailed at due process - they refused to give up! Read their story, followed by the sample letter to request due process and the two different decisions in the case.

Wrightslaw in Your Pocket? Wrightslaw books for Kindle, iPad & Nook are coming soon!

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Josh Won! Compensatory Services and an IEP

Josh is a seventeen year old with Tourette Syndrome, Obsessive Compulsive Disorder, and learning disabilities. The school district refused to provide an IEP or a 504 plan.

Josh and his family used reports, evaluations, observations, research reports, and independent experts from the private sector as proof and evidence when they filed a due process complaint against the school.

They prevailed! Read Josh Won! Compensatory Education and an IEP.

Josh acted as his own attorney. He used Wrightslaw books and the Surviving Due Process DVD to learn how to make his case.


New! Sample Letter: Due Process Complaint Letter

Josh and his parents wrote a due process complaint letter to request a due process hearing.

They documented every detail and concern. No dispute, no blame. They told their story using facts only and modeled the letter on Wrightslaw's Letter to the Stranger.

Read the detailed play by play documented in the Koch's Due Process Complaint letter.

Whatever kind of letter you need to write, this story-telling letter is a good example of how to do it!


An Unsuccessful Hearing Decision

Taking on a school district is no easy task. Josh and his family -

  • prepared
  • compiled a 300-page exhibit binder
  • lined up witnesses

In spite of the "totality of evidence," the Hearing Officer found "no substantial limitation, under the law," had been established. Read the Hearing Officer's Decision.

The Hearing Officer actually commended the school for their actions.


Victory! A Successful Appeal

Appeals panel reverses the decision. Same documentation. Same facts.

The Appeals Board overturned the hearing officer's decision, granted Josh an IEP and compensatory education, and refunded the cost of the IEE!

These two decisions show how legal authorities who have the same information often make different decisions. Read the Decision

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What People Are Saying About The Special Ed Advocate Newsletter

"Thanks for the trustworthy information and support you provide through the Wrightslaw web site and newsletter. You helped our family act when we needed to - we are thriving now."


Great Products From Wrightslaw

Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright Wrightslaw: All About IEPs

Surviving Due Process: Stephen Jeffers v. School Board

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