ACDL News

by Amanda Glass, Equal Justice Works Fellow Now that we have discussed a variety of dispute resolution options, including state complaints, mediation, due process complaints, and complaints regarding Section 504, we will examine the remedies that are available to parents and students seeking relief. In other words, what types of solutions are possible for these disputes, and what might a family get from a […]

By Jessica Jansepar Ross, Esq. Now that we have discussed when complaints to the U.S. Department of Education, Office of Civil Rights (OCR) are appropriate and the basics for filing these complaints, in the last part of our Section 504 series, we will look at internal procedures for addressing Section 504-related disputes within a school district or charter. In relevant part, schools are required […]

by Rose Daly-Rooney, Legal Director   Gloriana is a junior at a science magnet high school who earned one of the five top grades in biology.  Each year, the high school pays the costs for the top five biology students to attend a week-long marine biology field trip aboard a ship.  Other students may attend but they pay the cost of the class.  Students […]

By Jessica Jansepar Ross, Esq. Section 504 of the Rehabilitation Act (Section 504) prohibits disability-related discrimination by entities that receive federal funds, such as public school districts and charter schools. Today we will focus on the general requirements of Section 504, including who it protects and what it requires, and parents’ options if they believe that their child’s rights have been violated. Section 504 […]

by Amanda Glass, Equal Justice Works Fellow After trying unsuccessfully to resolve your dispute with the school through informal resolution methods, you consulted with a special education lawyer and decided that a due process hearing is the best option left to you. You spent time preparing for the hearing, gathering all of your evidence, preparing your witnesses, and drafting an opening statement and closing […]

by Rose Daly-Rooney, Legal Director   This post provides information about due process hearing procedures and offers a “to-do” checklist if you are preparing to represent yourself at the hearing. Together, these give you a sense of the work involved in a due process hearing. You have the right to request a due process hearing to resolve disputes about identification, free appropriate public education […]

by Amanda Glass, Equal Justice Works Fellow and Jessica Jansepar Ross, Attorney   In our last blog post, we discussed the possibility of early resolution of a due process complaint. Today, we will talk about what takes place if a complaint cannot be resolved within the 30-day resolution period—a pre-hearing conference.   When Does a Pre-Hearing Conference Take Place? If the resolution period ends without […]

by Amanda Glass, Equal Justice Works Fellow   Yesterday, we went over how to amend an insufficient due process complaint. Today, we will talk about the possibility of resolving a due process complaint before a hearing takes place.   Resolution Session When a student or parent files a due process complaint, the school must hold a “resolution session” to try to resolve the issues […]

by Amanda Glass, Equal Justice Works Fellow and Rose Daly-Rooney, Legal Director   Yesterday, we provided an overview of the due process hearing procedure, including the steps involved and important timelines. Today, we will break down “Step 2”: insufficiency objections and amending the complaint. Insufficiency Objections  What Makes a Complaint “Sufficient”? For a due process complaint to go forward, it must be “sufficient.” A […]

by Amanda Glass, Equal Justice Works Fellow   Yesterday, we introduced the special education due process system and how to file a due process complaint. Today, we will provide an overview of the due process hearing, including the steps involved and important timelines.   Steps in the Due Process System Below, we outline the steps in the due process system, from filing the complaint […]