Here is the situation. You disagree with the school district’s findings about your child’s IEP. You reach out to the Bureau of Special Education Appeals and they schedule a hearing. Most people do not have any idea about how these hearings work.
At the hearing, a hearing officer presides over the proceedings. They are conducted in a conference room and not in a courtroom. Hearings usually last about three days. They are like a court trial. The parent has the burden of proof to demonstrate their child is not making effective progress. The school district will be represented with a lawyer.
A parent at this point will have to present legal arguments, cross-examine witnesses, work with experts, and write closing briefs based upon research of legal principals. They would also call experts on their behalf like the child’s neuropsychologist to testify.
This sounds nearly impossible for the common non-lawyer parent to do all of this and actually defeat the school system. Next time we will look at how victory can be accomplished.