I filed a due process case against my students school. The hearing officer ruled in our favor that my student was denied FAPE. However the hearing officer ruled against us regarding our placement in a private school (was not LRE and not appropriate per IDEA). The district was not ordered to pay for any tuition at this new school. I think my student is entitled to compensatory education and plan to file an appeal. We did not have an attorney represent us in the case but I think I would like one for an appeal. The state education agency supplied us with a list of attorneys who specialize in this type of law. I am reluctant to use someone from this list as I am concerned they do not want to help with an individual win as this takes away money from the district and other kids in need. It is not in my students interest to be uprooted and my student has already suffered from their failures. Does anyone have any thoughts or advice? Am I fighting a loosing battle?
Mary,
I was involved with a due process case and used Equip for Equality, which I was under the impression of it being nationwide. Now I'm not so sure b/c I've not heard of other parents using the organization.
They are 100% free and they fight for the child. They do not represent families and don't take a cut of any monetary settlement/win. Google them and see if they can help.
Otherwise, you might just have to contact one of the suggested attnys and they'll most likely fight for what your child needs and add an amount to cover what they want.... Attorneys are creative and money hungry - I'd interview with a couple to see what they have to offer. It couldn't hurt.
For emotional and support by humor, please consider joining Mothers From Hell (2), if you're not already a member. We've got great members with some awesome resources! Good luck and keep us posted as to how your situations plays out! Power to the disability community!! God speed with a favorable outcome!
Kim
