Overcoming Deceptions in Special Education Due Process!

So you finally decided to file for a due process hearing,standardized Math and Reading Tests. If they were
after many years of special education personnellow, then the hearing officer will start thinking that the
denying your child needed services! Good for you! Dueschool psychologist was not being truthful.
process hearings are a way to resolve conflictsI often find that the school social worker is a positive
between parents and special education personnel.person that really cares about children. If you have a
Though more formal than an IEP meeting, they can begood relationship with the school social worker you
effective in helping children receive a free appropriatecould subpoena him or her, and ask questions. In a
public education.couple of due process cases that I advocated at the
In my book Disability Deception I state that: Parentsschool social worker testified for the parent and child,
can win a due process hearing if they have developedand not what the other school people were testifying
concrete evidence in their child's school record, areto.
properly prepared by having documentation, and keep3. Have another person perhaps a spouse or friend
the case simple. Proper preparation for a due processthat has attended the IEP meetings with you, or heard
hearing takes hundreds of hours, especially learningconversations, testify about what really happened or
what is in each document that you will use at the duewhat was said. Parents should never attend an IEP
process hearing.meeting alone for this very purpose; another person to
But what happens when the hearing begins, andtestify as to what happened.
special education personnel lie or tell deceptions on the4. Use what the special education personnel said in a
stand. What is a parent to do then? Below are 5resolution meeting to prove that what they are
ways to over come lies and deceptions:testifying to is a lie! While mediation is confidential,
1. This is when the hundreds of hours of preparationresolution meetings are not! Anything said by school
will all be worth it! If you know what is contained inpersonnel can be brought up at the due process.
each document that is being used at the due process,In the above example the school psychologist stated
you can try and find written evidence that disputesat the resolution meeting that she did expect Mary to
what the person said. I love using the schools recordsperform better academically than she currently was,
against them!due to her normal IQ; this can be brought up at due
For example: If a school psychologist states that yourprocess. You could say; at the resolution meeting did
child is making progress with their academics, youyou state _______________. She may say she
could bring out your child's standardized testing, askdoes not remember, but ask another attendee, they
questions about the scores, and use that to prove thatwill probably tell the truth. Also you can state what
he or she is not being truthful. Do not accuse thewas said when you testify.
person verbally, just let the hearing officer figure it out5. Last way to overcome lies is to ask very specific
for him or herself.yes or no questions and do not ask for opinions. Do
2. Sequestration of witnesses is important because itnot allow the person to go on and on and try to spin
prevents school personnel from hearing each otherthe information. Use your documents to ask questions
testify. Ask questions of another school person toand get the person in a corner, so that they cannot
prove that the last person that testified was notchange their testimony.
truthful in their testimony.Due process can be a rough process, but I believe
For example: In the above case you could ask yourparents can prevail for the good of their child's
child's teacher; what was Mary's scores in hereducation! Good luck!