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How to Litigate a Special Education Due Process Complaint from Start to Finish in New York

1h 30m

Created on May 26, 2022

Intermediate

CC
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$89


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Overview

Special education is a hot topic in the legal industry, with more than 10,000 open cases in New York City alone. Now, more than ever, parents of children with special needs are becoming aware of their rights under the Individuals with Disabilities Education Act as well as New York law which ensures that all students are entitled to a free appropriate public education. 

The demand is there, but there are not enough attorneys to represent all of the families who are in need of representation. Moreover, this niche area of law is hard to break into. 

In this presentation, attorney Mark Gutman will explain:

  • What to look for in determining if a special education case is viable

  • How to obtain attorneys fees under the fee-shifting provision of the Individuals with Disabilities Education Act

  • The different kinds of cases within the field

  • What kinds of claims you can make, and what kinds of relief are available to you

  • How to draft a due process complaint, otherwise known as an impartial hearing request

  • How to prepare for your hearing, including what kinds of evidence to use and how to find the right witnesses

  • How to implement an order of an impartial hearing officer

  • A brief look into the appellate process


Learning Objectives:

  1. Examine what kinds of claims exist in the field of special education litigation 

  2. Identify appropriate cases to file

  3. Determine appropriate relief for special education cases

  4. Gain an understanding of the procedural pathways toward relief for clients

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