Requesting a Due Process Hearing

Question:

How do I request a due process hearing?

Answer:

Each State must provide parents with a model form to request a due process hearing. You can usually find these forms and much more at your State's Department of Education, Division of Special Education's website.

You should consult an attorney before you even ask this question. A hearing is a mini-legal proceedings. In some states, hearings take days, weeks, or even months to finish. Hearings involve exhibits, subpoenas, examination and cross-examination of witnesses, opening statements, closing arguments, legal briefs and arguments. Parents must have some knowledge of legal proceedings in order to be able to effectively advocate for their child in a hearing.

To find an attorney, go to: http://www.copaa.net/ and click the link "Find and attorney or an advocate." Contact the attorney closest to you. Keep in mind that the closest attorney may be in another state.

You can also go to: http://www.yellowpagesforkids.com/. Sometimes you can find a parent attorney here.