Washoe legal services.Washoe legal services.Forms for your use.Employment opportunities.Useful links and resources.Important Frequently Asked QuestionsClick for our Contact Information

Return

Free legal services in Washoe County, Nevada

Horizontal Rule

Washoe Legal Services Information:

Special Education: Representing your child in a due process hearing uner the Individuals with Disabilities Education Act (IDEA)

What is the Individuals with Disabilities Education Act (IDEA)?
The IDEA is a federal law which entitles all students with disabilities to have available to them a free appropriate public education. It emphasizes the special education and related services designated to meet each student's unique needs. IDEA assures that the rights of children with disabilities and their parents are protected. 20 U.S.C. Section 1400 (c).

[Return to top]

What is a due process hearing?A due process hearing is an opportunity for parents and students to be heard by an impartial person to enforce their rights under IDEA. You may seek a hearing on issues related to the indentification, evaluation, educational placement of your child or to your child's right to the provision of a free appropriate public education.

A free appropriate public education means special education and related services that are provided at public expense, without charge to the family. It includes appropriate preschool, elementary, or secondary school education and services which are provided in conformity with the individualized education program (IEP) of the student.

[Return to top]

What should I do before I file for a due process hearing?
Identify what you want and what the solution would look like if the problem were solved. Get into the habit of putting everything into writing. Obtain copies of, and be familiar with, all of your child's records. If you do not have copies, make a request immediately. You are entitled to examine all records relating to your child. Also become familiar with who the team players are in educating your child.

Arrange an IEP meeting and attempt to resolve the problem through that process. If you disagree at the meeting, make sure the disagreement is documented in the IEP. Read the IEP, including the minutes. Make any changes or ask for additional information to be placed into theIEP so that you have accurate documentation what happened at the meeting.

[Return to top]

What happens to my child's education if I file for a due process hearing?
Your child remains in his/her current educational setting and the current IEP should be fully implemented pending the outcome of the due process hearing and any appeals. This process is known as the "state put" provision. Only if you and the school district mutually agreed to another placement pending the outcome of the hearing may the current setting change. If the subject of your hearing is a disciplinary action taken by the school district against your child, however, this "they close put" provision is not applicable.

[Return to top]

How do I file for a due process hearing?
To file for a due process hearing, send a letter to the Superintendent of Schools, James Hager, requesting a due process hearing and stating the reasons for it. His addresses is:

James Hager,
Superintendent of Schools
425 E, 9th Street
Reno, NV 89512

The following information must be included in your request for hearing:

  1. the name of your child, your child's address, and the name of the school your child is attending;
  2. a description of the nature of the problem. including facts relating to such problem; and,
  3. a proposed resolution of the problem to the extent known and available to you at the time.

Additionally, inform the school district that you will be seeking reimbursement of your attorneys fees and related costs.

[Return to top]

How long does it take to get a decision?
A decision must be rendered within 45 days after receipt of your due process hearing request (mark your calendar). 34 CFR 300.512. Expedited (speeded up) hearings are available for hearings regarding disciplinary actions.

[Return to top]

What happens after I request a due process hearing?
Within 5 days of receiving your request, the Superintendent of Schools must forward the request to the State Superintendent of Public Instruction, Dr. Mary Petersen, requesting that a hearing officer be appointed. NAC 388.300 (6). The school district should send you a letter telling you that your request has been forwarded to the State Superintendent. The letter to you will also include information regarding your rights at the hearing, your right to get a copy of your child's records, and how to make arrangements to do so. It will also contain a list of independent evaluators and instruct you where to seek free or inexpensive legal services.

You should next receive a letter from the State Superintendent informing you of who your impartial hearing officer will be and that the officer will be contacting you in the near future. It will also inform you that you may access the Nevada Mediation System for Special Education. Following that letter you should be contacted by the impartial hearing officer appointed by the State Superintendent to arrange a pre-hearing conference.

[Return to top]

Who acts as the impartial hearing officer?
The hearing officer may not be an employee of the state educational agency or the local education agency involved in the education or care of your child.

[Return to top]

What is a pre-hearing conference and how do I prepare for it?
A pre-hearing conference is a meeting with the impartial hearing officer, your child's representative (which may be you, your advocate or your attorney), and the school district attorney. Another individual from the school district procedural safeguards office may also attend. Some hearing officers will send you a letter prior to the conference outlining the issues to be discussed. It's important to be well prepared for the conference (in usually a phone call with all parties on the line).

Even if the hearing officer does not send you a list of specific issues to be addressed, you should be prepared to discuss the following issues at the pre-hearing conference.

  1. The specific issues that you wish to be discussed at the due process hearing.
  2. The logistics of the due process hearing; including for example:
    • any objections to the appointed hearing officer,
    • whether there will be any need for any extensions of time,
    • the time, place, and location of the hearing (have a calendar with you - remember that a decision must be made within 45 days of your request),
    • the estimated length of the hearing,
    • a whether the hearing to be open or closed to the public,
    • whether your child is to be present, and
    • whether you want any of the witnesses to remain in the room or be excluded while others are testifying.
  3. The identity all witnesses you will call (you should have a list ready with all the witnesses you plan to call, in the order you plan to call them. Next to each witnesses' name write a sentence stating what you anticipate that their testimony will cover).
  4. The witnesses that you believe must be compelled to attend (to make a witness come to the hearing, send a letter to the hearing officer with the time, date, and place of the hearing plus the names, addresses, and phone numbers of the witnesses that you want to compel to attend).
  5. The time limits for exchanging documents. At a minimum you must exchange documents with the school district at least five business days prior to the hearing. You should already have a copy your child's records and have started compiling important documents necessary to prove your case. The hearing officer will assign a method of marking documents/exhibits.
  6. Whether there is in need for another pre-hearing conference.
  7. How the hearing will proceed (whose witnesses will testify first, etc.).
  8. Any other matters or questions presented by the parties.

[Return to top]

What can I ask for at the hearing?
If you are successful at the hearing, the hearing officer may give you several kinds of relief. Included are:

Orders. And order means the hearing officer will require the school district do something, for example, to provide an educational service or placement that you are asking for.Reimbursement. The hearing officer may order the school district to reimburse you for costs incurred to provide services that the school district should have been providing. For example, you may be reimbursed for independent evaluations.Compensatory education. If your child has lost educational time, you may seek "make up" or "compensatory" education such as summer school, tutoring, or school services after the age 22. Compensatory education also includes other related services. For example, if your child is down to require physical therapy, but did not receive the services without undue delay, the school district may have to provide your child with additional physical therapy to compensate for the lost services.Damages. While you may ask for them it is rare that money damages are awarded at this stage.

[Return to top]

What should I do if the school district wants to settle the case prior to the due process hearing?
Try to determine what you want as early as possible. If the school district is willing to give it to you prior to the hearing, carefully consider it.

[Return to top]

Do I have any other options to result the dispute in addition to going to hearing?
Yes. You may consider mediation. Mediation gives a chance for you and the school district to sit down informally with a neutral person called a mediator. A mediator's job is to assist the parties in attempting to reach an agreement.

Mediation must be voluntary on the part of both parties. It cannot be used to deny or delay your right to the due process hearing or cause you to lose your other rights. For example, you are still entitled to have a hearing if mediation is unsuccessful. You also continue to have the right to receive a hearing decision within 45 days after the school district received your request for hearing, even if you pursue mediation.

Mediation sessions must be conducted by a qualified and impartial mediator. Each session must be scheduled in a timely manner and held in a location convenient to the parties. Mediation sessions are confidential and discussions may not be used as evidence in any later hearing or court proceedings. Both parties sign a confidentiality pledge before the process begins.

You do not have to pay for neither mediation or a due process hearing. If you agree to a solution in mediation, you'll receive a written mediation agreement.

[Return to top]

Can I be required to participate in mediation?No. the state or local agency may require you to contact a mediator, who will explain the benefits of the mediation process to you. After that explanation, however, you do not have to participate in mediation if you choose not to.

[Return to top]

What are my rights at the due process hearing?
IDEA grants you the rights to:

  1. Be accompanied and advised by an attorney or other representative and by individuals with special knowledge or training with respect to the problems of children with disabilities;
  2. Present evidence and to confront, cross examine, and compel the attendance of witnesses;
  3. Receive in either written or electronic form a record of the hearing;
  4. Receive written or electronic findings of fact and decisions.
  5. Have the hearing officer exclude any party that fails to disclose evaluations completed at least five days before the hearing, without the consent of the other ;
  6. Have your child present at the hearing; and
  7. Open the hearing to the public (34 CFR 300.508; NAC 388.310).

[Return to top]

How should I prepare for the due process hearing?
You should be ready to call witnesses and to present evidence to prove your case to the hearing officer. The hearing officer may make a decision based only on the evidence which is submitted. The more prepared you are, the more believable you will be to the hearing officer.

It is important to prepare to submit documents exhibits into evidence for the hearing officers review. For example, the hearing off your want to see your child's evaluations, letter support, IEP, etc.

Any exhibits that you plan to submit at the hearing must be provided to the school district at least five days in advance. You need to make arrangements have the exhibits compiled, marked, and copied for yourself, the school district and the hearing officer.

Know what you're going to ask each witnesses and what evidence you will submit with each witness. Prepare your witnesses by going over with them the questions to plan to ask. Also try to anticipate what you will ask to the school district witnesses and write your questions down before the hearing.

[Return to top]

What will happen at the due process hearing?
A due process hearing will be less formal than a courtroom trial. The formal rules of evidence are not strictly followed. The hearing is usually held in a conference rooms in a public building like a library. Usually the hearing will be tape recorded. The school district is responsible to arrange for the recording. NAC 388.310 (8).Each hearing officer follows a slightly different procedure. The following is, however, a general idea of what to expect.

The hearing officer generally starts by making some introductory/opening remarks. The hearing is called to order, the purpose of the hearing is explained and the procedure is described. After the hearing officer speaks, both parties are usually given the option of making an opening statement. If you decide to make one, give a brief, clear summary of the issues and what you expect the evidence to show.

You then present your case by calling witnesses and introducing exhibits. Most hearing officers swear in the witnesses. You then ask the questions to your witnesses which are necessary to present your case. When you finish asking questions to your witness, the school district will have the chance to cross examine them by asking questions. You will then be given the chance to ask more questions of the same witness ("redirect" examination).

After you have called all of your witnesses and introduced all of your evidence, the school district will have a chance to present its case. The school district will call its own witnesses and introduce its own documents. You may cross-examine each of the school district witnesses by asking them questions.

After all of the evidence has been presented, the hearing officer usually gives each party the chance to make closing argument. This is your last chance to explain to the hearing officer why the evidence introduced shows that you are entitled to the relief that you're seeking. After both parties make closing arguments, the hearing officer usually makes some closing remarks.

[Return to top]

If I am a unsatisfied with the hearing officer's decision, may I appeal?
You have a right to appeal within thirty days from the date that you receive a written decision from the hearing officer, if you are dissatisfied. To appeal, send a letter to the State Superintendent requesting an administrative review of the hearing officer's decision. The letter should contain your reasons for believing that the decision was wrong. Address the letter to:

State Superintendent of Public Instruction
700 East Fifth Street, Suite 113
Carson City, NV 89701
775-687-9217

After receiving your request, the State Superintendent will appoint a state review officer. NAC 388.315. The state review officer conducting the review will:

  1. Examine the entire record of the hearing;
  2. Check to see if the hearing procedures complied with due process requirements;
  3. Obtain any necessary additional evidence;
  4. Provide the parties the chance to make written or oral arguments, or both;
  5. Schedule any oral arguments at a time and place convenient to you;
  6. Make a decision after completing the review; and
  7. Mail copies of the written findings and decision to the parties within thirty days after receiving your written request for review. The review officer may continue the time for making a decision for a specific number days at the request either party. NAC 388.315.

[Return to top]

If I am dissatisfied with the appeals decision what can I do?
If you're unhappy with the appeals decisions, you should discuss the case with an attorney if you have not already done so. You have a right to right to contest the appeals decision through a civil action filed either in state or federal court. If you do not have an attorney or need additional advice, you can contract the:

Nevada Disability Advocacy & Law Center
1201 Terminal Way, Suite 219
Reno, Nevada 89502
775-333-7878
775-788-7824 (TTY)
775-788-7825 (fax)
1-800-992-5715 (toll-free)

[Return to top]

Special Education Links
The following Web sites may provide additional information or assistance regarding special education issues:

U.S. Department of Education
http://www.ed.gov/offices/OSERS/IDEA/geninfo.html

Nevada Disability Advocacy & Law Center
http://www.ndalc.org/

Special Ed Advocate
http://www.wrightslaw.com/

Technical Assistance Alliance for Parents Centers
http://www.taalliance.org/

IDEA Amendments, misc. info
http://www.empowermentzone.com/ideaprop.txt

[Return to top]

Horizontal Rule

| Main | Services | Forms | Employment Opportunities | Links | FAQs | Contact |

Horizontal Rule

website: www.washoelegalservices.org
eMail: info@washoelegalservices.org
Copyright © 2002, Washoe Legal Services. All rights reserved.
Horizontal Rule
This page designed and supported by TAO Consultants, Inc.
website: www.computergoddess.com
e-mail: tao@computergoddess.com