Demystifying the Dispute Process€¦ · A district representative who has the authority to resolve...

Interactive Convention 2014 Learning Labs

Demystifying the Dispute Process

Michael Clark

Walsh, Anderson, Gallegos, Green, & Treviño, P.C

© 2014 Walsh, Anderson, Gallegos, Green & Treviño, P.C. 1

DEMYSTIFYING THE DISPUTE PROCESS

Presented By: MICHAEL CLARK

www.walshanderson.com

505 E. Huntland Dr.

Suite 600

Austin, Texas 78752

(512) 454-6864

100 N.E. Loop 410

Suite 900

San Antonio, Texas 78216

(210) 979-6633

105 Decker Court

Suite 600

Irving, Texas 75062

(214) 574-8800

105 East 3rd Street

Weslaco, Texas 78596

(956) 647-5122

500 Marquette, N.W.

Suite 1360

Albuquerque, NM 87102

(505) 243-6864

10375 Richmond Ave.

Suite 750

Houston, Texas 77042

(713) 789-6864

The information in this handout was created by Walsh, Anderson, Gallegos, Green & Treviño, P.C.

It is intended to be used for general information only and is not to be considered specific legal advice.

If specific legal advice is sought, consult an attorney.

Parents, advocates, and parent attorneys have a variety of options to formally challenge the

decisions of the Admission, Review, and Dismissal Committee (“ARD”). This overview will

help special education administrators develop an understanding of their options and what to

expect when they receive a request for due process hearing, Texas Education Agency Complaint,

Office of Civil Rights Complaint, and request for Mediation.

Due Process Hearings:

1. What do attorneys mean when they use the word “liability”?

Generally speaking, “liability” is “a broad legal term, of the most comprehensive

significance, including almost every character of hazard or responsibility, absolute,

http://www.walshanderson.com/


contingent, or likely.”1 In other words, liability translates to “responsibility” for a possible or

actual harm/loss to another. When school attorneys review risk, they generally analyze both

the school district’s litigation risk (the chance that the school district will be sued in a

particular situation) and liability risk (the chance that the school district will be held

responsible).

2. What does liability look like under the IDEA?

The Individuals with Disabilities Education Act (20 U.S.C. §1400 et seq.), originally enacted

in 1975, is designed to ensure that children with disabilities are provided a Free Appropriate

Public Education (FAPE)2. Since its enactment, the law has been revised several times, most

notably in 2004 by the Individuals with Disabilities Education Improvement Act (IDEIA),

which aligns IDEA with the No Child Left Behind Act and ties more federal funding to state

public schools’ meeting of certain standards.

The IDEA requires public schools to create an Individualized Education Program (IEP) for

each student found to be eligible under the law’s eligibility standards. An IEP must be

designed to meet the unique educational needs of each child with a disability in the least

restrictive environment. The IDEA also contains specific provisions requiring district

employees to consider a child’s disability when disciplining the child, to recognize and

comply with procedures to locate, identify, and evaluate children with disabilities, and to

implement federal procedural safeguards for students with disabilities and their parents. One

of the mandatory procedural safeguards provided for in the IDEA is the right to file a due

process complaint, resulting in the required opportunity for a special education due process

hearing pursuant to the procedures set forth in the law.3 Importantly, if the parent is a

prevailing party in an IDEA due process hearing, the parent is entitled to the reimbursement

of their reasonable attorney’s fees.4

3. Are there many challenges to public school districts under the IDEA on behalf of

students with disabilities?

1 Black’s Law Dictionary 473 (5

th ed. 1983).

2 FAPE means special education and related services that (a) Are provided at public expense, under public

supervision and direction, and without charge; (b) Meet the standards of the SEA, … (c) Include an appropriate preschool, elementary school, or secondary school education in the state involved; and (d) Are provided in conformity with an individualized education program (IEP) that meets the requirements of 34 C.F.R. §§300.320 through 300.324. 34 C.F.R. §300.17 (Authority: 20 U.S.C. 1401(9)). 3 34 C.F.R. §§300.507, 300.511.

4 34 C.F.R. §300.517(a).


Absolutely. The number of special education court cases is on the rise each year, and the

IDEA is the fourth-most litigated federal civil statute in the United States.5

4. Give us some examples where public school districts have been found liable under the

IDEA.

It is rare that a special education case is comprised of only one issue. Frequent areas of

vulnerability include (1) the appropriateness of IEP goals and objectives (e.g., IEPs must be

based on current evaluation data, are appropriate for the student, are aligned with the grade

level curriculum standards and are reflective of the student’s Present Levels of Academic

Achievement and Functional Performance); (2) the placement of students in the least

restrictive environment (e.g., schools must provide sufficient supplementary aids and

services to ensure that students are educated, to the maximum extent appropriate, with

students without disabilities); (3) the appropriateness of behavioral programming (e.g.,

whether the school district is providing appropriate positive behavioral interventions and

supports to address student needs); and (4) the IEP process—school districts have been held

liable when they deny parents an opportunity for meaningful participation in the development

of their child’s IEP, including in cases where the district has predetermined the outcome of

the IEP Team Meeting.

5. How does a court know that a public school district has afforded FAPE to a student

with disabilities?

In 1997, the Fifth Circuit Court of Appeals clarified the FAPE standard in Cypress-Fairbanks

Indep. School District. v. Michael F., 118 F.3d 245, 253 (5th

Cir. 1997). The four-factor test

used to analyze whether a District has provided FAPE includes: (1) whether the program is

individualized on the basis of the student’s assessment and performance; (2) whether the

program is administered in the least restrictive environment; (3) whether the services are

provided in a coordinated and collaborative manner by the key stakeholders; and (4) whether

positive academic and non-academic benefits are demonstrated. Liability will run to a public

school district that fails to provide special education services in accordance with this

standard.

6. What are the most common claims under the IDEA made by parents of students

enrolled in Texas public schools?

5 See Freedman, Miriam Kurtzig, Special Education: Its Ethical Dilemmas, Entitlement Status, and Suggested

Systemic Reforms, 79 U. Chi. L. Rev. 17-18 (citing to a study that reports an increase in the number of reported federal education cases from 623 decisions in the 1990s to 1242 decisions between 2000-2010).


It depends. In 2013, the Texas Education Agency reported twenty-seven special education

due process hearing decisions. Of those decisions, the most common claims appear to relate

to discipline, evaluations/re-evaluations, and demands by parents for reimbursement of

private placement for students. Six of the cases involved discipline or behavior, seven

involved child find allegations, sixteen involved issues surrounding evaluations/reevaluations

or Independent Educational Evaluations (IEEs), and seven of the cases involved

reimbursement and/or a demand for private placement.

7. What should I do if I receive a request for due process hearing (a.k.a. complaint), from

the Texas Education Agency?

You should contact your school attorney, immediately.

The response to a hearing request must be sent within ten days of receiving the

request, and must specifically address the issues raised in the request. The school

district is not required to provide a response if the district already provided the

parent with written prior notice that addresses the issues raised in the hearing

request. If the school district is the party responding to the hearing request and

has not already sent the parent prior written notice addressing the issues raised in

the hearing request, then it must send the parent a response that includes the

following:

An explanation of why the school district proposed or refused to take the

action raised in the hearing request;

A description of other options that the ARD committee considered and the

reasons why those options were rejected;

A description of each evaluation procedure, assessment, record, or report

the school district used as the reason for the proposed or refused action;

and

A description of any other relevant factors.

See Texas Education Agency Special Education Dispute Resolution Handbook.

The District’s response may also raise certain preliminary legal challenges to the

complaint, including a motion to dismiss non-IDEA related claims, and/or certain

issues outside the statute of limitations period.

8. Does it make a difference if the request for due process hearing was filed by an

advocate?


It may, a district may challenge the representation of a former employee that is not an

attorney. However, the district must object to the representation.

9. Who is the Petitioner?

The Petitioner is party that filed the request for due process hearing. The party responding is

the Respondent.

10. Who is a Hearing Officer?

The Hearing Officer acts as the judge in a due process hearing. The Hearing Officer will

make pre-hearing decisions, control the hearing, consider evidence, rule on objections, and

issue the final decision regarding the dispute.

11. What happens next?

The Hearing Officer will issue an “Initial Scheduling Order.” This document details the

relevant timelines related to the pending due process hearing, including:

Deadline for “Authorization of Representation”

Deadline to respond to Petitioner’s Complaint.

Deadline to challenge the sufficiency of Petitioner’s Complaint.

Deadline to hold a resolution session, or waive the resolution session in writing.

Scheduling of pre-hearing telephone conference.

End of resolution period.

Disclosure deadline.

Hearing date.

Decision due date.

12. What information is needed to respond to Petitioner’s Complaint?

It is important that the district begin to gather educational records regarding the student.

These records are necessary to determine what decisions were made regarding the student’s

Individualized Education Program, including when the decisions were made, and the basis

for the ARD committee’s decisions. The district may also need to identify staff members to

answer questions that are not clear from the written records.

13. What is a resolution session?

The district must hold a resolution meeting within fifteen days of receiving notice of a

request for due process hearing. The meeting is an opportunity for the parties to resolve their


differences rather than proceed to hearing. The resolution meeting may be waived, if both

parties agree in writing.

14. Who should attend the resolution session?

The student’s parents;

A district representative who has the authority to resolve the dispute for the school

district; and

Relevant members of the ARD committee.

The school district’s attorney may not be included, unless the parent is represented by

counsel.

15. What happens if the parent refuses to attend the resolution meeting?

The school district may request that the hearing officer dismiss the hearing if reasonable

efforts have been made to hold the resolution meeting at a mutually agreed upon time and

place.

16. Are resolution meeting discussions confidential?

The information discussed at the resolution meeting is confidential. However, it may be used

as evidence if the parties ultimately proceed to due process.

17. What happens during the pre-hearing conference?

The pre-hearing conference is a formal conference on the record, to address pre-hearing

issues, including:

Clarifying issues for hearing;

Address procedural matters;

Revise the procedural schedule;

Address pending motions;

Resolve discovery issues; and

Discuss possibility of settlement.

Logistics including time and location of the hearing.

18. What happens after the pre-hearing conference?

The Hearing Officer will issue a prehearing order that identifies:

The issues for hearing;


The relief that will be sought at hearing;

Applicability of the statute of limitation;

Timelines including, the hearing date, disclosure deadlines, and decision deadlines;

A ruling on dispositive motions;

The location of hearing; and

Any other information the Hearing Officer deems important.

19. This is all moving so fast, is there any way to stop this train?

Yes, a party may file a motion to dismiss its request for due process hearing before the

hearing date.

This provides school districts the opportunity to resolve the parent’s concerns through

impartial mediation. If the District chooses to attempt mediation, and the Petitioner agrees,

the parties may request TEA to appoint an impartial mediator.

The mediation process is discussed further below.

20. Could you give us an overview of the hearing timelines?

TEA has developed the following chart detailing the hearing timelines:



21. Are there any exceptions to the general hearing timelines?

Yes, the timelines may differ when a party requests an expedited due process hearing.

Parents may request an expedited hearing to challenge district disciplinary decisions. The

district may also request an expedited hearing if the maintaining the student’s current

placement is substantially likely to result in injury to the student or others.

22. Does the district’s attorneys want to meet with school staff?

Yes, sometime before the approaching due process hearing, the district’s counsel will

schedule a time to meet with potential witnesses.


23. What is disclosure?

Disclosure is when the parties exchange a copy of all the documentary evidence they intend

to use at the hearing, and provide a list of witnesses they intend to call. Failure of a party to

properly disclose could preclude the party from calling a witness or submitting a document as

evidence at hearing.

24. What should we expect to occur at hearing?

TEA has developed the following chart detailing the hearing process:



25. What happens after the hearing?

The parties may request the opportunity to file written closing arguments. If this occurs, the

parties will draft and submit their written closing arguments in a timeframe set by the hearing

officer. Once closing arguments are submitted, the Hearing Officer will review the closing

arguments and evidence from the hearing, and issue a decision by the decision due date.


26. What happens if the district does not prevail?

The Hearing Officer’s orders must be implemented within ten school days from the date of

decision. The district has the option of appealing the decisions of the Hearing Officer, within

ninety days of the date of the decision.

27. What remedies are available if a plaintiff prevails against a public school district in an

IDEA case?

The IDEA grants to courts the authority to award relief that the courts believe appropriate.

The most commonly awarded relief under the IDEA are awards of compensatory education

services and tuition reimbursement for a unilateral private placement of a student with

disabilities by his or her parent. Federal courts are split on whether money damages can be

awarded under the IDEA; the prevailing view is that damages are not available.

Mediation:

28. What is mediation?

Mediation is an informal process of alternative dispute resolution, where the parties attempt

to resolve their dispute in a mutually agreeable fashion, through the use of an impartial

mediator provided by TEA.

29. When does mediation occur?

Mediation occurs when the parties agree to attempt to resolve their issues and/or dispute/s

through mediation and request that a mediator be assigned by TEA. On occasion, a parent,

advocate, or attorney for the student might unilaterally request that a mediator be assigned.

In these situations, the school district has the option of accepting or denying the request for

mediation.

30. What should I do if I receive a request for mediation?

If a District receives a request for mediation, they have the option of proceeding to

mediation, and/or denying the request to attempt mediation.

31. What are the advantages to mediation?

Settlement negotiations are confidential.

Parties may agree to keep the terms of the settlement agreement confidential.


Successful mediation could result in dismissal of a request for due process hearing,

and/or TEA complaint, and/or other dispute proceedings.

Successful mediation removes the uncertainty of a due process hearing, and/or other

dispute proceedings.

Successful mediation may help preserve the relationship between the parents and the

school district.

Successful mediation removes the emotional cost associated with due process

hearings.

32. Under what circumstances might I refuse a request for mediation?

Sometimes a school district will receive a request for mediation from a parent, advocate, or

attorney for the student without any knowledge of an unresolved concern. It is difficult for

school district staff to prepare for mediation without knowledge of any areas of concern.

33. How does a party request mediation?

Either party may complete and submit TEA’s mediation request form. The form may be

found at: http://www.tea.state.tx.us/index4.aspx?id=5087.

34. How does mediation affect timelines of pending disputes?

The parties may request extension of both due process hearing timelines, and the timeline for

TEA to investigate a complaint. If both parties agree, the Hearing Officer or TEA

Investigator may grant the requested extension of time.

35. What does the mediator do?

The mediator facilitates communication between the parties. This is typically achieved

through a shuttle diplomacy model where the mediator assists the parties in communicating

their positions, and to explore a variety of options in an attempt to resolve the dispute.

36. Who can we expect to attend mediation?

A student’s parents or other person legally able to make educational decisions for a minor

student, and/or an adult student, and/or the student’s legal representatives.

School district staff with the authority to resolve the dispute, additional district staff

knowledgeable about the facts, and the district’s legal representatives.

http://www.tea.state.tx.us/index4.aspx?id=5087


Mediators will typically request for both parties to limit the number of individuals that they

invite to the mediation.

37. What happens at mediation?

TEA describes the mediation process as follows:

Different mediators have different ways of conducting mediations. A mediator

may conduct each mediation session somewhat differently based on the situation,

but most mediation sessions have things in common.

The mediation may begin in the same room with the mediator greeting everyone.

This is called a joint session. The mediator will explain the purpose of mediation,

the mediator’s role, the confidentiality of the mediation discussions, and how the

mediation will proceed.

The mediator may ask the parties to summarize the issues that are in dispute and

explain what they hope to accomplish through mediation. Afterward, the

mediator will assist the parties in discussing each issue and exploring ideas for

resolving the disagreement.

The mediator may want to speak with the parties separately. This is called a

caucus or a separate session. For example, if the mediator and the parents want to

meet alone, the school district staff would leave the room so that the parents and

the mediator can talk in private. Then the mediator would talk to the school

district staff in private. This sort of back-and-forth might go on until the mediator

thinks it is a good time to bring the parties together again.

There might also be times when the parents, for example, would want to talk to

each other alone, without the mediator or the school district staff in the room.

Likewise, the school district staff might want to talk to each other in private.

Thus, throughout the day, there might be meetings of the entire group, meetings

between the mediator and one party, and meetings between just the members of

one of the parties. Settlement offers may be discussed during these meetings, and

a party may ask the mediator to share those settlement offers with the other

party.

Mediation may last at least several hours or an entire day so it is important to set

aside the full day for mediation. In rare cases, a mediator may continue the


mediation to another day. If so, the mediator works with the parties to select the

date for the follow-up mediation session.


38. What if we are successful?

If the Parties successfully reach an agreement, a legally binding contract will be drafted

binding the parties to the agreement. This contract is commonly referred to as a settlement

agreement and/or mediation agreement.

TEA Complaints:

39. What is a TEA complaint?

A TEA complaint is a request for the Texas Education Agency to investigate allegations that

a public school district and/or other public agency, violated IDEA and/or state special

education laws.

The complaint may be filed by a parent, legal guardian, or adult student, or by a third party.

40. What happens once the complaint is filed?

TEA will assign an investigator;

The investigator will determine which allegations fall within the one-year statute of

limitations, and whether the alleged violations include a possible violation of IDEA

or state special education law, including supporting facts;

Determine whether any of the allegations have been addressed in previous due

process hearings, and/or a pending request for due process hearing;

Provide the school district or other public agency with a “Notice of Special

Education Complaint Investigation and Request for Response,” identifying any

issues, if any, to be investigated. The notice will also request specific information to

be provided with the district’s response, including documentary evidence and written

statements by knowledgeable individuals.


41. What should I do if I receive a “Notice of Special Education Complaint Investigation

and Request for Response?”

You should respond in a timely manner, or contact your school attorney if you plan to have

their assistance in developing the district’s response. The district must submit its response

within 14 days from the date of the notice to respond.

42. How does the investigator conduct the investigation?

The investigator will review the district’s response to the allegations including the

information provided in response to the investigators information request. If necessary, the

investigator may obtain additional information through interviews with knowledgeable

individuals, and/or may conduct an onsite visit.

43. What happens when the investigator concludes his investigation?

Within sixty days of the initial complaint being filed, TEA must provide the district with a

written decision of its findings, including a description of the allegations investigated, the

investigator’s findings of fact and conclusions, an analysis of the legal implications, and any

corrective action required if a violation is found to have occurred. TEA may also identify

technical assistance to help the district of public agency to avoid similar situation.

44. What types of corrective action could TEA require?

TEA may require a variety of corrective actions, including but not limited to, an evaluation,

compensatory services, reimbursement for educational expenses, an ARD committee meeting

to review and/or revise the student’s IEP, staff training, a review and/or revision of district

policies and/or practices, a self-assessment regarding compliance with the IDEA, and/or

periodic monitoring or reporting regarding implementation of corrective actions.

Office of Civil Rights (“OCR”) Complaint:

45. What is an OCR complaint?

An OCR compliant is a complaint filed with the United States Office for Civil Rights,

alleging discrimination based upon disability.

Accordingly, an OCR investigation is regarding whether the school district or public agency

engaged in disability based discrimination, or whether, its practices and procedures are

discriminatory. For public school districts this analysis typically involves whether the


district violated a provision of the Section 504 statute or regulations with respect to a student

or group of students.

46. Is there a statute of limitations for a party to file an OCR complaint?

The OCR Case Processing Manual indicates that “OCR will take action only with respect to

those complaint allegations (except allegations of age discrimination and, in special

circumstances, allegations relating to Early Complaint Resolution agreements) that have been

filed within 180 calendar days of the date of the last act of alleged discrimination unless the

complainant is granted a waiver ….” See OCR Case Processing Manual.

47. Does OCR investigate every complaint that it receives?

OCR will dismiss any complaints for the following reasons, after providing the complainant

a notice of the missing information, and twenty days to provide the mission information to

OCR:

(a) The allegation fails to state a violation of one of the laws OCR enforces; or

(b) The allegation lacks sufficient detail (i.e., who, what, where, when, how) for OCR to

infer that discrimination or retaliation may have occurred or is occurring; or

(c) The allegation is so speculative, conclusory, or incoherent that it is not sufficiently

grounded in fact for OCR to infer that discrimination or retaliation may have occurred or

is occurring.

See OCR Case Processing Manual.

48. Does OCR offer mediation services similar to TEA?

OCR, does not provided mediation services. However, OCR recommends parties to

participate in a confidential “Early Complaint Resolution” process. The ECR process is

facilitated by OCR.

49. What is the timeline to respond to an OCR Complaint?

The OCR Case Processing Manual provides:


OCR staff will carefully plan all settlement activities. These planning activities

will ensure accountability for high quality and consistency with OCR standards

and will address:

(a) required action(s) to achieve compliance,

(b) dates for completion of specific actions,

(c) verification/reporting requirements (e.g. a description of specific data,

documentation and other needed information),

(d) dates for reporting to OCR, and

(e) efficient resource use including:

1. verification methods (e.g. reports/ reviews and/or onsite visits); and

2. reporting requirements.


50. What happens after OCR has completed its investigation?

OCR will determine issue a letter of finding to all parties. The letter of finding will include

one of the following determinations:

That there is insufficient evidence to support a conclusion of noncompliance;

or

That there is sufficient evidence to support a conclusion of noncompliance.

(For recipients operating under federal court order see Section 604.)


51. What if the district is found to be in non-compliance?

The OCR Case Processing Manual Provides:

When OCR determines that a preponderance of the evidence supports a

conclusion that the recipient failed to comply with applicable regulations,

OCR will prepare a statement of the case (including a proposed resolution

agreement), which the Chief Attorney or designee must approve. The

statement of the case must set out the issues investigated; OCR's basis for

entering into a resolution agreement; and an explanation of how the terms of

the agreement are aligned with the issues investigated and are consistent

with applicable regulations. The provisions of the resolution agreement will


be aligned with the identified violation(s) and will be consistent with

applicable regulations. (See Section 304 for resolution agreement

requirements.)

The Office Director, in consultation with the Enforcement Director, must

approve the initiation of negotiations and the proposed resolution

agreement. Upon approval, OCR will contact the recipient and will attempt

to secure the recipient's willingness to negotiate a resolution agreement. If

the resolution agreement is signed, a letter of finding(s) will be sent to the

parties.

If the recipient does not indicate that it is willing to negotiate a resolution

agreement, OCR will inform the recipient that it has 30 calendar days within

which to indicate its willingness to do so. OCR will further inform the

recipient that if it does not indicate its willingness to voluntarily resolve the

identified areas of noncompliance within 30 calendar days, OCR will issue a

letter of finding(s).

If OCR has entered into negotiations with a recipient, and the Office

Director, in consultation with the appropriate Enforcement Director,

determines that the negotiations have reached an impasse, OCR will notify

the recipient of the impasse and will inform the recipient that it will issue a

letter of finding(s) in 10 calendar days if a resolution agreement is not

reached. OCR may continue negotiating during this 10 calendar day period

if it is deemed advisable by the Office Director.


52. What steps can we take to avoid disputes in general?

Communicate well with parents of students with disabilities. Parents are partners

with the school district in their child’s educational program. A school district’s risk

goes up automatically when the school delivers poor “customer service”—such as

when parent phone calls go unreturned, appointments with parents are canceled or

frequently rescheduled, school officials communicate “to” parents instead of “with”

parents, and school personnel fail to communicate important events/activities about

children. If parents express concern, don’t discount the concern (regardless of the

manner in which it is communicated); instead, address it as soon as possible. And

remember that at times, the parents of students with disabilities are also individuals

with disabilities who may require special accommodations, support, and

understanding.


Hold teachers and staff members accountable. District and campus administrators

should expect teachers to fulfill responsibilities to all students. Thus, administrators

should monitor whether staff members are meeting expectations with regard to

implementation of special education programs and supports. School administrators

should protect the integrity of the instructional environment by appropriately

monitoring staff members via unscheduled visits to the classroom, checking in with

students and their parents regarding their observations and comments about school,

and listening carefully to all concerns. School staff members who are failing to

implement special education programs as designed by students’ ARD committees are

leaving the District open to challenge and liability.

Watch your discipline. Discipline cases involving students with disabilities are not

uncommon. “Zero tolerance” simply isn’t a one size fits all approach when it comes

to the discipline of students with disabilities. Be careful to ensure that all procedural

safeguards are implemented for students with disabilities and that the imposition of

discipline is neither discriminatory nor results in an adverse impact on the population

of students with disabilities.

Look into the past. Has the school district been challenged legally in the past? Have

corrective measures been taken, as needed, to reduce the risk of future challenge?

Update your operating guidelines. When is the last time that the school district

updated special education operating guidelines? Are your procedural protocols for

day to day issues current? Implementation of outdated practices can leave the district

legally vulnerable.

Train staff. A school district’s litigation and liability risks rise dramatically when

staff members are not well informed on current requirements and practices.

Train parents. Well informed parents are better prepared to discuss, in a meaningful

way, their child’s educational program. If the school district supports parents by

providing ongoing updates and information, parents are more likely to feel respected

as well as invested in the quality of the district’s special education program.

Contact legal counsel. Lawyers frequently hear from clients, “I wish that I had called

you sooner.” Be proactive in seeking legal guidance and training to help the school

district avoid legal landmines that may or may not be visible to school personnel.


This handout includes information cited from the Office for Civil Rights Case Processing

Manual, and the Texas Education Agency Special Education Dispute Resolution

Handbook. A complete copy of the Office for Civil Rights Case Processing Manual can

be found at: http://www2.ed.gov/about/offices/list/ocr/docs/ocrcpm.html. The Texas

Education Agency Special Education Dispute Resolution Handbook can be accessed at:

http://www.tea.state.tx.us/index4.aspx?id=5093.

The information in this handout was created by Walsh, Anderson, Brown, Gallegos &

Green, P.C. It is intended to be used for general information only and is not to be

considered specific legal advice. If specific legal advice is sought, consult an attorney.

http://www2.ed.gov/about/offices/list/ocr/docs/ocrcpm.html

http://www.tea.state.tx.us/index4.aspx?id=5093

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