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Showing posts with the label due process hearing

Bring An Attorney To War: When Should You Drag An Attorney To Your Child's IEP?

By Michelle Ball, California Education Attorney for Students since 1995 Lately it seems not a week goes by that I don't accompany multiple families to IEP meetings (IEP: Individualized Education Program).  My clients find great value in attorney advocacy for their children.  When should you bring an attorney to an IEP meeting?  When you are done being spun in circles by your child's school and/or wondering whether your child is receiving appropriate services to meet their unique needs. IEP meetings can be confusing, tough, and yet, are rather important to a child's education and life.  A student's life can change for better or worse with a well written IEP and proper services.  This is because the purpose of the IEP meeting is the CHILD and their EDUCATION and meeting their UNIQUE NEEDS in the school.  If the IEP is unclear, wimpy or does not address all areas of need, well, the child is being let down and somewhat thrown to the wolves. Parents also are, w...

IDEA Court Case- Lake Washington v. Office of Superintendent

By Michelle Ball, California Education Attorney for Students since 1995 Today, the Ninth Circuit Court of Appeals ("Court"), the court which has jurisdiction over federal matters in California, Oregon, Washington, and several other states issued a decision in Lake Washington School District v. Office of Superintendent ( http://www.ca9.uscourts.gov/datastore/opinions/2011/02/22/09-35472.pdf ).  This decision defeated the Lake Washington School District's hope of pursuing a matter under the Individuals with Disabilities Education Act (IDEA)  http://www.law.cornell.edu/uscode/uscode20/usc_sec_20_00001400----000-.html , as the Court determined that the District was not granted "standing" (ability to sue) under IDEA.  The Court thus shut down Lake Washington's action which attempted to limit postponements of special education hearings (aka due process hearings). The decision also includes important discussion regarding just WHO has a right of action under I...

A Great Due Process Hearing Reference for California Special Education Parents

By Michelle Ball, California Education Attorney for Students since 1995 Parents of special education students who may have a dispute over services or placement for their kids must be aware of their right to file a request for a Due Process hearing, which will bring them before a mediator and potentially a hearing officer to (hopefully) get their dispute resolved. If a parent wants to get really familiar with what due process is, how it works, what to do, etc. they should check out this great resource from the California Office of Administrative Hearings (OAH) titled simply "Understanding Special Education Due Process Hearings:"   http://www.documents.dgs.ca.gov/oah/SE/SE%20Guide%20to%20understanding%20DPH.pdf This a great reference which can help a parent become familiar with this process and details what parents need to know to proceed. Michelle Ball Education Law Attorney LAW OFFICE OF MICHELLE BALL 717 K Street, Suite 228 Sacramento, CA 95814 Phone: 916-444-9064 Fax: 916-4...