If you reach the point that negotiations fail and you cannot reach a resolution with your child’s school district, you can choose to go to a due process hearing. A hearing is like a trial and is heard by an independent Hearing Officer (in Pennsylvania)/ Administrative Law Judge (in New Jersey) who will listen to evidence presented by both sides and make a final, binding decision. The school district will be represented by an attorney and you can level the playing field by having a qualified attorney represent you as well. Either side can appeal the final decision. I have successfully represented parents in due process hearings and appeals in federal court for years. I will provide an honest and thorough assessment of your case and let you know the risks and benefits of going to hearing.
You may also choose to file for mediation instead of due process. Both parties must agree to mediation. An independent trained mediator will listen to both sides and facilitate agreement between the parties. If the parties reach resolution, they can enter into a legally binding document. It’s important that an attorney reviews this document. I can represent you throughout the mediation process, understand the nuances of the “legalese” in the final document, and will protect your rights.
A third option is a hearing officer facilitated settlement conference. This is most useful when parties are close to resolution but a few sticking points are holding up the process to final resolution. A hearing officer listens to both parties and helps to identify and overcome those barriers. I represent families and present their cases to the hearing officer so as to achieve the best outcome for your family.