BY LAW YOUR CHILD IS ENTITLED TO AN APPROPRIATE PUBLIC EDUCATION
If the school district denies your child a free, appropriate public education (FAPE), you have the right to challenge the district in a due process hearing. These challenges relate to your child’s evaluation, classification, program and placement and implementation of services. If you choose to pursue a due process hearing, an impartial administrative law judge is appointed to hear your side of the matter as well as the side of the school district and then decide the dispute.
If you choose to pursue a hearing, the process is much like a trial, with each side presenting evidence and sworn testimony to the administrative law judge. At the conclusion of the hearing, usually, both sides prepare written briefs arguing the facts and the law to the administrative law judge, who then renders a decision. It is best to have a special education attorney on your side to help present your case.
Once the hearing is complete, if either party disagrees with the administrative law judge's decision, they can then appeal the decision in federal or state court.
If neither party chooses to appeal, the decision is final. If you think your child is not receiving an appropriate education, Martha Millar Law is here to help your family. We have represented families in due process disputes throughout much of California. Let us guide you through this very difficult process.
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