When a child has certain disabilities and struggles with their education, they may need additional services to assist them. It is because of this that they can receive a modified schooling plan that ensures their needs are met. This can include extra time finishing assignments or attending specialized private schooling. Some students in these situations may qualify for an Individualized Education Program (IEP), while others can receive services under a Section 504 Plan.
It is important for children to receive the education they need, especially when they require extra services. If a parent believes their child is not, it is important to know that there are certain actions that can be taken to rectify this. When facing these matters, it can be beneficial for a parent to retain the services of an experienced Pennsylvania education law attorney for assistance.
What Steps Can I Take For My Child’s Education?
If a parent of a disabled child believes the school is not following the determined IEP or Section 504 plan, there are steps that can be taken to resolve the situation. The first step in doing so is an IEP or Section 504 Plan meeting. This can be done as many times as deemed necessary to solve the problem.
In the event that these meetings are not successful, parents are legally entitled to due process. After filing with the state Department of Education, either a settlement or mediation. In some cases, these situations can lead to an actual court trial.
What is a Due Process Hearing?
If the matter goes to court, it is known as a due process hearing. A due process hearing is a formal way to resolve disputes over a child’s education with their school district. Once a parent files for a due process hearing, a hearing officer is appointed to hold a hearing at the school district. During the hearing, each party can present their views in a legal setting. Some matters that are attended to during the hearing can include:
- The child’s eligibility for an outside educational evaluation paid for by the school district
- The child’s eligibility for an (IEP) or a 504 Plan
- Accommodations or specially designed instruction that a plan should have
- The services the child is owed if the district was not previously providing the correct services
- The child’s need to be educated in a private school focusing on special education needs
Once each side is presented, a hearing officer can make a decision. In the majority of cases, the court will enforce the IEP or Section 504 contract, requiring the district to do what they are required to so that the child receives the education they need.
Contact our Firm
Anderson, Converse & Fennick is an experienced law firm in York County, Pennsylvania focusing on Education Law, Family Law, Estate Planning, and Civil Litigation matters. If you need a knowledgeable attorney that will effectively represent your interests, contact Anderson, Converse & Fennick today.