Special Education - Due Process Hearings

Attorney Steven A. Greenburg has over 25 years of experience in special education, including 15 years of legal experience related to education law. He represents parents, students and private schools in all aspects of education law, particularly in the area of special education. Before law school, he worked for 10 years as a teacher of learning-disabled children and as the director of a clinic for special-needs children.

If your child has a learning disability, he or she may be entitled to special education services. Speak with an experienced education law attorney who can advise you of your rights. In northern California, contact the education law firm of Steven A. Greenburg.

The IEP Process

State and federal law require schools to develop Individualized Education Plans (IEPs) for children with certain disabilities, including learning disabilities. However, school authorities often deny the existence or effect of a learning disability on a child's education.

Even when the school authorities agree on the existence and nature of a learning disability, they may disagree with parents on the content of the IEP or on how to implement its terms.

Your Due Process Rights

If your child is denied eligibility for special education, or if you are dissatisfied with the results of an IEP meeting, you may file a state or federal administrative complaint or request a due process hearing. If your child already has an IEP, but the school is not fully implementing the IEP, is not responsive to your child's learning disability or is failing to effectively meeting your child's needs, you may request an IEP meeting or initiate an adversarial proceeding. However, these processes are complicated and involve strict timelines.

We can help you enforce your child's right to a properly formulated and implemented education plan. We know the IEP process requirements and are experienced at obtaining special education eligibility, revising an existing IEP, ensuring full implementation of the IEP and securing subsequent amendments to your plan when required.

If you are not satisfied with the results of the IEP meeting, we will work with the school through the IEP process in an attempt to reach an amicable resolution. However, if this is not possible, we will consider filing a compliance complaint with the Office of Civil Rights or the California Department of Education. We may also request a due process hearing before the special education division of the California Office of Administrative Hearings.

If the administrative approach is not successful, we have the experience and the skill to advocate your interests effectively in both state and federal court.

We can help you accomplish your goals for your child, whether by representing you at a due process hearing or by advising you of your options.

Contact our office, located in Santa Cruz, to schedule a consultation.