Due Process And Dispute Resolution

Often, parents of special needs children do not fully understand their children's rights in terms of the education and services offered by public schools. They may feel intimidated by school staff during case conference committee meetings and feel they have little input into their child'sindividualized education program (IEP).

California schools are required by law to develop an IEP that is based on each child's individual needs. Failure to create a program that addresses the child's unique needs means the school is not complying with the law, an offense that is actionable through a due process proceeding.

It's rarely obvious or easy to determine when to bring in a lawyer and then whether to file for a due process hearing. The factors for doing so are complex and unique to each individual situation.

The Law Office Of Meagan Nunez helps parents navigate the complex process of due process and dispute resolution for special education in San Diego. We offer a free consultation in which we will review the facts of your case and provide a straightforward assessment of what you may expect if you move forward with a due process hearing.

More often than not, experienced special education attorney Meagan Nunez helps her clients work out a dispute through mediation rather than putting the outcome of a case in the hands of an administrative law judge. However, if a fair agreement cannot be reached through mediation, Ms. Nunez builds a strong case and advocates for her clients in a due process hearing.

Special Education Advocacy In La Mesa, Chula Vista And All Of Southern California

Requesting a due process hearing through the Office of Administrative Hearings (OAH) is an important step toward resolving a dispute. However, this does not necessarily mean that a hearing is imminent. Most special education cases are resolved through mediation, a voluntary, confidential, informal meeting at which the parties and an experienced, impartial mediator attempt to resolve the dispute in a cooperative atmosphere.

If an agreement isn't reached during mediation, a due process hearing is scheduled. A due process hearing is a more formal, trial-like legal proceeding in which all parties are given a
chance to present evidence and arguments before an impartial administrative law judge (ALJ).

Contact us to schedule a free consultation in which we will answer your questions, review the facts of your case and recommend the best course of action.