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How best to use an attorney for a due process hearing

by Andrew Cuddy, author of
The Special Education Battlefield

Parents of a special needs child may find that the education system in your school district is not adequately meeting the needs of your child. If parents are unable to negotiate successfully with the school district, they may need to participate in a due process hearing in order to develop a program that best meets the special needs of the child.

Some families use lay advocates to represent them at these hearings, but sometimes it is best to be represented by an attorney who specializes in special education law. Selecting an attorney can be difficult, but it is important to find an attorney who is a good fit for all parties. One way to find an attorney is to ask other parents of special needs children what lawyers they used and what their experience was with that lawyer.

Once the parents have selected an attorney, they will need to know what information they will need to provide and how to work with the lawyer to pursue their case successfully. The information that the parents provide will help the lawyer determine the main issues being discussed and the best way to proceed. Sometimes, the best avenue to success is to avoid a hearing altogether and accept a settlement with the school district. It is also important to understand the laws that regulate the timeline of a due process hearing and when the results will be read. These are issues that parents of children with special needs can discuss with an experienced special education attorney.

The prospect of a due process hearing can be intimidating, but an attorney with the proper background, experience, and skills can help to make it less stressful for parents of special needs children. Hiring an attorney is important first step, and parents should not feel rushed or pressured into accepting an attorney until they have considered the lawyer’s track record, the personal fit with the parents, as well as the fees the attorney will charge. Parents who are facing the prospect of a due process hearing with their school district will need a resource that can advise them on how to not only find a experienced special education attorney, but also take full advantage of that attorney’s expertise.