No matter how desperate your situation seems, you have rights!

Home

Meet the Attorney

Special Ed. Law

Spec. Ed. Procedure

Criminal practice

Domestic practice

Legal Fees

Contact us

Special Education procedures:

Reevaluations

The school, parents, or child's teacher can request a reevaluation of the child at any time. However, the reevaluation cannot occur more than once every year, unless the school and parents agree otherwise. The child must be reevaluated at least every three years unless the school and parents agree otherwise. 20 U.S.C. 1414(a)(2)

I want the school to pay for an independant evaluation

You can compel the school system to pay for an independant evaluation of your child if you disagree with the evaluation the school performed. The school can not limit who performs the evaluation, but it must be done by a qualified, licensed person. The school has the option of filing a due process complaint to prevent you from recieving your reevaluation. 34 CFR sec 300.502(b)

IEP team meetings

The IEP team must meet at least annually to review the IEP. 20 U.S.C. 1414(d)(4) In addition, upon written notice by any member of the IEP team (parents being a member), the team must meet within 10 school days to review the IEP or consider the child's placement. TN rule 0520-1-9-.10

Prior Written Notice

The local education agency must provide written notice to the parents before making changes to the IEP or placement of the child. 20 U.S.C. 1415(b)(3) This notice must meet certain requirements. 20 U.S.C. 1415(c)

Mediation

Prior to filing a due process complaint (see below), the parties can enter into mediation with an impartial mediator. This can be very productive, but will require some sort of compromise on both parties. If either party is unwilling to give any ground, they can refuse to participate. 20 U.S.C. 1415(e)

Resolution Session

If the parents file a due process complaint, the educational agency shall convene a meeting with the parents in an attempt to settle the parents complaint. This meeting must take place within 15 days from the time the agency recieves the complaint. 20 U.S.C. 1415(f)(1)(B)

There will be no mediator, and the agency cannot have a lawyer present unless the parents have one present. If the parties cannot reach an agreement within 30 days of the reciept of the complaint the parents will have their due process hearing. 20 U.S.C. 1415(f)(1)(B)(ii)

Due Process Hearing

Your due process hearing is a hearing conducted in front of an Administrative Law Judge (ALJ). Your complaint must be carefully drawn, as you will not be entitled to present evidence about claims not addressed in the complaint. There are a lot of deadlines and procedures that must be followed. I highly recommend you do not attempt to conduct a hearing without representation by a lawyer.

However, if you want to read more about the timelines and limitations, look at 20 U.S.C. 1415.

Appeal

If you are unsatisfied with the decision by the ALJ, you may appeal the decision to the courts of Tennessee within 90 days of the date of the ALJs decision. 20 U.S.C. 1415(i)(2)

Please note:

This page is intended to be a quick overview of the procedure for settling disagreements between parents and the educational agency. It will not replace the advice and guidance of a competent attorney.

Special Ed.:

TN Dept. of Education

Wrightslaw

In Davidson Co.:

Criminal Court Clerk

Civil Court Clerk

General Sessions Clerk

Find an inmate

Tennessee:

TN Court of Appeals

TN Ct. of Crim. Appeals

TN Supreme Court

All content on this site is ©Lawrence Ballew - all rights reserved

Be advised that information given to us before an attorney-client relationship begins may not be privliged. Reading the contents of this site or sending me an e-mail does not create an attorney-client relationship.

Nothing on this web site is legal advice or can replace the advice of an attorney. You need to consult an attorney regarding the details of your situation.