Due Process: How to Avoid It and How to Survive It

This presentation is a comprehensive exploration into the intricacies of due process cases in the realm of special education presented by Joanne L. Butler, Partner at Schenck, Price, Smith & King, LLP. From related service therapies to residential placement, this presentation addresses the crucial role of due process as the final recourse for parents and school districts striving to ensure a free and appropriate public education (FAPE) for disabled students.

While program and placement issues may vary, key strategies to avoid due process challenges remain constant: ensuring compliance with federal and state requirements and meticulous documentation. Ms. Butler, drawing on her expertise, will guide viewers in instructing clients about potential pitfalls and methods to limit liability. Although resolving due process matters amicably is ideal, sometimes parties become entrenched. This presentation explores actions to take once due process has been filed and prepares attendees for the challenges they may face in this legal arena.

This presentation equips legal professionals with valuable insights into navigating due process in special education, offering practical strategies and guidance for both parents and school districts.

Learning Objectives:

1. Predict the procedural shortcomings which can impact the success of your due process defense
2. Identify ways to resolve before the due process filing
3. Prepare your staff about what to expect once due process is filed.
4. Guide staff through hearing preparation and the actual hearing itself