Get what YOU want for your child’s education; not what the district says it will provide.
We handle cases involving educational disabilities to ensure your and your child’s rights are protected and enforced.
Filing a due process complaint is the first step in requesting a due process hearing. In a due process hearing, the parties litigate their disputes before an Administrative Law Judge (“ALJ”) who issues a final due process decision.
The federal law which governs disputes between families and schools districts (the Individuals with Disabilities Education Act, or “IDEA”) provides that “any party aggrieved by” a final due process decision has the right to bring a civil action in a state court or a federal District Court, usually within 90 days.
TLO can represent parties aggrieved by a final due process decision in IDEA cases, appealing an adverse decision to the federal or state court.
MANIFESTATION DETERMINATION APPEAL
Every student with a disability is entitled to a “manifestation determination” under certain circumstances. A manifestation determination is a process, required by the IDEA when considering the exclusion of a student with a disability or a move that can be considered a change of placement. Parents may appeal a district’s manifestation determination under Federal regulations.
TLO can represent parties during a manifestation determination proceeding and can file appeals of erroneous manifestation determinations by filing for an expedited due process hearing.
TLO can represent parties that have suffered adverse decisions at the administrative level. TLO has experience with cases in the United States District Court, Northern District of California, and the United States Court of Appeals for the Ninth Circuit.