Due Process and Special Education: The Legally Blind Justice Podcast: Episode 28

Welcome to the podcast!

 

This podcast episode provides an in-depth exploration of due process in special education, focusing on the complaints process, the roles of advocates and attorneys, and the importance of exhausting local options before filing. The discussion highlights the complexities of due process hearings, the significance of legal representation, and strategies for maintaining positive relationships with schools. The episode concludes with resources for families navigating these challenges.

Some takeaways from the episode:

• Due process complaints are formal complaints regarding special education disputes.
• Filing a due process complaint can be necessary when schools refuse evaluations or services.
• Due process hearings are complex and can be adversarial in nature.
• Exhausting local options is crucial before filing a due process complaint.
• Advocates play a vital role in supporting families through the process.
• Once a due process complaint is filed, the child's placement is protected under 'stay put' provisions.
• Legal representation is highly recommended during due process proceedings.
• Expedited due process is typically tied to disciplinary actions.
• Parents can request independent evaluations if they disagree with school assessments.
• Maintaining a positive relationship with schools is important for ongoing support.

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