DUE PROCESS ROAD MAP

What is a Resolution Meeting?

Resolution Meetings were added to IDEA 2004 as another way for parents and school districts to resolve differences before going to due process. Schools schedule a resolution meeting within 15 days of receiving notice that a parent has filed a due process complaint and/or before the school system initiates the due process hearing hearing.

What must be included in a due process complaint?

As specified in §300.508(b), the due process complaint must include:

the name of the child;
the address of the residence of the child;
the name of the school the child is attending;
a description of the nature of the child's problem relating to the proposed action or refused initiation or change.

How do I request a due process hearing?

Send your letter requesting a due process hearing to the person in charge of due process hearings for the school system. This may be the Superintendent of Schools, or the Director of Special Education, or another school official.

How long does it take? There's a 30-day period to try to reach a resolution agreement. Once it's clear that there won't be a resolution agreement, the state department of education has 45 days to make sure there is a due process hearing and decision.

What to Expect at a Due Process Hearing

Click on a sample letter requesting a special education due process hearing.

Should you represent yourself in Due Process? 6 Tips from a Hearing Officer

8 Ways the Special Education System Really is Stacked Against Parents

"If you want to do something, call your Congress member. Frankly, the only thing that works in Washington is when regular people stand up and demand action. So your voice matters. Please be heard on this issue." -Senator Kirsten Gillibrand D-NY

What is Pendency?

It means that while the family and the school district are in a dispute, the child stays put in their current placement until the situation is resolved. It was designed to protect the child and keep them stable during the dispute process.

What is Call to Resolution Process (CRP)?

Facilitates the possibility of early resolution of compliance-related concerns. CRP is an email notice sent by the Specialist with the parent's permission, to the Chief Special Education Administrator of the LEA. The message relays the parents' stated concerns and proposed resolution. The BSC Regional Advisor and Division Chief are copied on the email notice.

"A family that doesn't feel heard goes to an attorney."

Special Education Attorneys (alphabetical order):

Tanya Alvarado (bilingual in Spanish)

Practice Areas: Represents all clients. Specializes helping Spanish speaking community interpret the law despite language barriers. Evaluations, IEPs , Independent Educational Evaluations, Compensatory Education, and Tution Reimbursement

Where: Two Bala Plaza, Suite 300, Bala Cynwyd, Pennsylvania 19004

Call: (610) 757-7008

Email:tanya@talaradolaw.com

Facebook: https://www.facebook.com/Law-Office-of-Tanya-A-Alvarado-140061170191893/

Batchis Nestle & Reimann LLC

Leah Batchis
Where: 116 Bala Avenue, Bala Cynwyd, PA 19004
Call: 215-550-1760

Website: http://specialedlawgroup.com/

Facebook: https://www.facebook.com/SpecialEdLawGroup/

Jacobson and John, LLP

Practice areas: Special Education Law, Due Process, Representation in Seeking SAT or ACT Accommodations, Representation in Bullying and Harassment Cases, Protecting Rights of Students in Higher Education, and Representation in Seeking LSAT, MCAT, GRE Accommodations

***Offer 1hr consultation

Where: 99 Lantern Drive, Suite 202, Doylestown, Pennsylvania 18901

Call: 215-340-7500 or 877-544-0344

Email: info@theeducationlawyers.com

Website: http://theeducationlawyers.com/

McAndrews Law Office

Practice areas: Special Education , Estate Planning, Estate Planning for Individuals with Disabilities, Special Needs Trusts, Elder Law, University Discipline and Title IX Representation, Investigations, Long-Term Medical Care Planning, Public Benefits for Seniors, Guardianship, Estate Administration and Probate, Personal Injury , Review of Academic and Organizational Policies, Practices, and Allegations of Misconduct, Abuse of Children, Persons with Disabilities and Elderly Citizens, Business Succession Planning Services, and Will Contests, Trust Distribution Disputes, and Power of Attorney and Guardianship Abuses.

Where: 404 North Washington Avenue Suite 310 Scranton, PA 18503

Call: 570.969.1817

Website: http://mcandrewslaw.com/

Murphy & Murphy, P.C.

Angela J. Uliana Murphy

Where: 106 North Franklin Street, Suite 2, PO Box 97, Pen Argyl, PA 18072

Call: 610-863-8502

Website: http://www.murphy2.com/Attorneys/Angela-J-Uliana-murphy.shtml

North Penn Legal Services

Where:33 North Main Street, Suite 200, Pittston, Pennsylvania 18640

Call: 877-953-4250

Website: https://www.nplspa.org/what-we-do/get-help/education-school/