Representation in Due Process Hearings

When school districts and families disagree over special education issues, the Individuals With Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973 protect a parent’s right to request a due process hearing.

Preparing the evidence about the disputed issue is a critical step to making a winning argument. The Pennsylvania lawyers for special education litigation at The Education Lawyers of Jacobson & John LLP have deep experience representing families in these difficult matters.

How Due Process Hearings Work

At a special education due process hearing, parents and the school district prepare and submit evidence about the disputed issue. Witnesses are called to testify before a hearing officer. At the end of the administrative hearing, the hearing officer issues a decision.

If the outcome of the hearing does not go in a family’s favor, the next step would be to appeal the decision to a state or federal court.

Parents commonly request due process hearings when:

  • Failure to identify a child as eligible for special education support under Section 504 or the IDEA.
  • They feel their child has been denied a Free Appropriate Public Education (FAPE).
  • They believe their child’s IEP or 504 Plan is not being implemented appropriately.
  • They believe the school district has failed to provide necessary related services such as speech, physical or occupational therapies, psychological counseling, or other behavioral services.
  • They have been unable to resolve the differences with the school district and feel an impartial third party needs to get involved.
  • The District is seeking to discipline their child for conduct that is a manifestation of his or her disability.

Regardless of the circumstance that has led you to seek out legal counsel, our attorneys have the knowledge and experience to support your efforts to obtain a just outcome for your child.

Our Special Education Lawyers in Pennsylvania

Jacobson & John attorneys are available to meet with you in Doylestown, Scranton, Reading, Harrisburg and Philadelphia, PA.

The firm’s special education lawyers represent families in school districts throughout eastern Pennsylvania. The following counties represent most of our cases in the eastern part of the state, however, we can and do go beyond these counties on a case by case basis: Adams County, Berks County, Bradford County, Bucks County, Carbon County, Chester County, Clinton County, Columbia County, Cumberland County, Dauphin County, Delaware County, Franklin County, Juniata County, Mifflin County, Perry County, Philadelphia County, Wayne County, Wyoming County, York County.

Examples of our client’s school districts include: Abington Heights School District, Abington School District, Agora Cyber Charter School, Avon Grove School District, Bensalem Township School District, Berks County Intermediate Unit, Boyertown School District, Bristol Borough School District, Bristol Township School District, Bucks County Intermediate Unit, Centennial School District, Central Bucks School District, Central Dauphin School District, Central York School District, Chester County Intermediate Unit, Coatesville Area School District, Collegium Charter School, Commonwealth Connections Academy, Council Rock School District, Crestwood School District, Cumberland Valley School District, Daniel Boone Area School District, Delaware County Intermediate Unit, Derry Township School District, Downingtown Area School District, Dunmore School District, East Penn School District, Eastern Lancaster County School District, Eastern Lebanon County School District, Exeter Township School District, Fleetwood School District, Great Valley School District, Hamburg Area School District, Hatboro, Horsham School District, Haverford Township School District, Jersey Shore School District, Jim Thorpe School District, Kennett Square Consolidated School District, Keystone Central School District, Kutztown Area School District, Lakeland School District, Lebanon School District, Lower Merion School District, Lower Moreland School District, Methacton School District, Montgomery County Intermediate Unit, Muhlenberg School District, Nazareth Area School District, Neshaminy School District, New Hope Solebury School District, Norristown Area School District, North Penn School District, Northeastern Intermediate Unit, Northern Lehigh School District, Old Forge School District, Oley Valley School District, Olney Charter School, Owen J. Roberts School District, Oxford Area School District, PA Cyber Charter School, Palisades School District, Panther Valley School District, Parkland School District, Penn Delco School District, Pennridge School District, Pennsbury School District, People for People Charter School, Perkiomen Valley School District, Philadelphia School District (aka: School District of Philadelphia), Phoenixville Area School District, Pottstown School District, Quakertown Community School District, Radnor Township School District, Reading School District, Richland School District, Ridley School District, Saucon Valley School District, Schuylkill Valley School District, Scranton City School District, Scranton School District, Souderton Area School District, Spring-Ford Area School District, Springfield Township School District, Susquehanna Township School District, Tamaqua Area School District, Tredyffrin Easttown School District, Tulpehocken Area School District, Unionville-Chadds Ford School District, Upper Darby School District, Upper Dublin School District, Upper Merion Area School District, Upper Perkiomen School District, Wallingford – Swarthmore School District, West Branch School District, West Chester Area School District, West Perry School District, West Shore School District, Wilkes-Barre School District, Wilson School District, Wissahickon School District, Wyoming Valley West School District, Wyomissing Area School District, Young Scholars Charter School.