Let’s set our hypothetical for this week’s journal entry in the State of Maine. You are the parent of a child that has a disability that you believe requires an IEP (individualized education plan) to allow him to record and play back class lectures because he is sometimes unable to absorb lectures and when in such a state he is unable to take effective notes. Currently, your son is in mainstream classes with no IEP or special accommodation of any kind and he is failing or nearly failing all of his classes.
Initial Request and Complaint
You requested an IEP for your youngest child through the appropriate process at the school level. The school administration rejected your request for an IEP. You filed a complaint to initiate a due process hearing based on your belief that your son does need an IEP. You made this request based on the recommendation of a private psychologist that you paid to evaluate your son because his grades have slipped since he entered high school.
Resolution Session
You, the principal, and the appropriate district representatives sat down two weeks ago for the mandatory resolution session. It did not go well. The principal led the charge to deny your request for an IEP because “families like yours cost the school so much of its budget and cause so much of its troubles that I simply cannot stomach wasting any more resources on you or your family." He even said, “Let’s be honest, all of your kids are in jail or will be shortly.” Unfortunately, the principal has had some bad experiences with your family. Your three oldest children were rather infamous at the school for outlandish practical jokes, vandalism, petty theft, and fighting. Your oldest son was removed from the school after being convicted of possession of drugs with the intention to distribute. He is still in jail on this charge, which was not his first.
The Assignment - Opening Statement for the Due Process Hearing
Your due process hearing is on Monday morning. You are representing yourself. You will have no attorney. Please write your opening statement to the hearing officer. Don’t worry about presenting every detail of the evidence – this is the opening statement in the hearing. The opening statement is where you summarize your case and explain what the evidence and the testimony of the witnesses will show. You are not a lawyer and not expected to cite case law or make a formal legal argument. You just need to explain why your son is entitled to an IEP, or at least entitled to a fair hearing to determine whether he needs an IEP.
In this opening statement, you should include:
• A brief statement of the facts of the case. The reasons for the need for an IEP for your youngest son and the process you have gone through so far.
• How procedural and substantive due process applies to your son in this case (i.e. what are his rights and what must the state do in order to comply with them.)
• A sentence or two in which you persuasively ask the hearing officer to give your son what he needs and why the hearing officer should do so.
Sample Solution