ACDL News

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 […]

by Amanda Glass, Equal Justice Works Fellow   So far, we have discussed several special education dispute resolutionmethods, includingIndependent Educational Evaluations, Facilitated IEP Meetings, Mediation, and the administrativeState Complaintsystem. The most formal of the dispute resolution options available through the Arizona Department of Education (ADE) is the Due Process system.   What Is a Special Education Due Process Hearing? Under the IDEA, all states […]

By Rose Daly Rooney, Legal Director and Amanda Glass, Equal Justice Works Fellow The Individuals with Disabilities Education Act (IDEA) requires that each state’s education agency develop several systems to address disputes that may arise between the families of students with disabilities and their schools. One required system is a mediation system, which was discussed in our last four blog posts. Another required system is the […]

By Rose Daly Rooney, Legal Director and Amanda Glass, Equal Justice Works Fellow You learned the basics about mediation in Mediation: What is it?. You received information and tips to help you get ready for mediation in Preparing for Mediation.  You picked up guidelines about writing a good settlement agreement in The Mediation Agreement.  Hopefully you will use this information to have a successful mediation that […]

By Rose Daly Rooney, Legal Director  Whew! You reached an agreement about your child’s special education during the mediation session.  Congratulations! Your work is done, right? Well, not yet.  Now, you must actively participate in writing the Mediation Agreement to ensure that it is: accurate, complete, enforceable, and does not waive important rights. Even though the mediation process is informal, written mediation agreements are […]