Legal Rights of Children with Epilepsy in School & Child Care

Dispute Resolution and Legal Remedies
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change in services, and a proposed resolution of the problem to the extent known
and available to the party at the time. 34 C.F.R. 300.508.
8.17Q: Do parents have rights in the due process hearing process?
A: Yes. Parents and school districts have the right to bring an attorney to the
hearing and to bring other individuals “with special knowledge or training with
respect to the problems of children with disabilities.” 34 C.F.R. 300.512(a).
Parties also have the right to present evidence; confront, cross-examine, and
compel the attendance of witnesses; prohibit the introduction of evidence not
disclosed to the party at least five business days before the hearing; and obtain a
record of the hearing. Additionally, parents have the right to have their child
present at the hearing and to open the hearing to the public if they wish to.
Parents also have the right to have a record of the hearing and the findings of
fact and decisions made available to them at no cost. 34 C.F.R. 300.512.
8.18Q: Are there any prerequisites to a due process hearing?
A: Yes. If the parties have not gone to mediation and have not waived a resolution
meeting, there will be a resolution meeting before the due process hearing
timeline begins to run. This is an opportunity for the parties to attempt to resolve
their issues. Within fifteen days of receiving the hearing request, the school
district will convene a meeting with the parent and relevant members of the IEP
team who have knowledge of the facts identified in the due process hearing
request; the meeting participants must include school district personnel who
have decision-making authority. The school district attorney may not attend the
meeting unless the parents bring an attorney. At the meeting, the parents can
discuss their complaint and the school district has an opportunity to try to
resolve the issue. If the parties reach an agreement, it will be put in writing.
Either party may void the agreement within three days. Otherwise, it will
become an enforceable agreement. If the parties do not reach an agreement, they
will move forward with scheduling the due process hearing. 34 C.F.R. 300.510.
8.19Q: What happens at a due process hearing?
A: A due process hearing generally begins with opening statements. Each party
makes a general statement about what the case is about and what the evidence
will show. If the parent has requested the hearing, the parent then presents his or
her witnesses. Parents and the school district will need to trade names of
witnesses and copies of documents at least five business days before the hearing;
if either party fails to do so, the other party will be able to bar the witnesses from
testifying or keep the documents from being entered into evidence. After each
witness testifies in direct testimony, the school district has the opportunity to
cross-examine the witness, and the hearing officer may ask the witness questions
as well. The school district then presents its witnesses, and the parent has an
opportunity to cross-examine the witnesses, with the hearing officer asking
questions as well. The parties then offer closing arguments. Most hearings are
closed, meaning that they are confidential proceedings to which the public is not