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Special Education Law

Post-hearing strategies: What to do if the decision does not go your way?

On Behalf of | Jun 18, 2024 | Due Process |

Every child deserves to learn in a way that suits their unique needs. For parents of children who who require special education services, it is frustrating when a school denies your child needed supports.

Filing a due process complaint is a significant step toward fighting for your child’s educational rights. However, receiving an unfavorable decision from a special education hearing can be challenging and emotionally draining. It is crucial to understand your options and prepare for the next steps to continue advocating effectively for your child.

Understand the decision

First, thoroughly review the decision to understand the reason behind it. Decisions often include detailed and specific findings. For instance, it could be because there is insufficient evidence to prove the need for additional accommodations and services. Understanding these reasons is crucial for determining how to proceed effectively.

Seek clarification and guidance

Request a meeting with your child’s educational team to discuss the decision and clear up any confusion. This meeting can serve as a platform to express your concerns and understand the school’s perspective. It also provides an opportunity to address any immediate issues concerning your child’s education.

Consider your legal options

If the outcome of the hearing is still not satisfactory, you can explore further legal options. This could include filing for an appeal or considering alternative dispute resolutions such as mediation. Each option has its own set of procedures and deadlines, which are crucial to follow.

In this intricate process, the guidance of a special education attorney can be invaluable. They can help clarify your situation, gather additional evidence and represent your interests in further proceedings.

Moving Forward

Regardless of the outcome, it is important to focus on your child’s educational and developmental needs. Continue to work collaboratively with your child’s school, stay informed about their rights and seek out community support that can assist in your child’s educational journey.