Home > >

A New "Burden" for Parents

When parents and administrators can't agree on a child's IEP, families may need to turn to a due process hearing.

What if you can't reach agreement with the school on the provisions of your child's IEP? You're entitled to a "due process" hearing before a hearing officer or an administrative law judge. A due process hearing is a complex legal proceeding, often requiring legal representation for the family, testimony from independent experts, and a review of meeting transcripts, test scores, and other documents.

Recently, due process became even more complicated for families. In November 2005, the U.S. Supreme Court ruled that parents have the legal burden of proving that a plan doesn't meet their child's needs. Thus it's more important than ever to document your child's difficulties, to be assertive about receiving progress reports, and to push for changes to his IEP as the need arises.

This article comes from the February/March 2006 issue of ADDitude.

To read this issue of ADDitude in full, purchase the back issue and SUBSCRIBE NOW to ensure you don't miss a single issue.

TAGS: ADHD and the Law

Copyright © 1998 - 2016 New Hope Media LLC. All rights reserved. Your use of this site is governed by our Terms of Service and Privacy Policy.
ADDitude does not provide medical advice, diagnosis, or treatment. The material on this web site is provided for educational purposes only. See additional information.
New Hope Media, 108 West 39th Street, Suite 805, New York, NY 10018