A school or parent may request a due process hearing when they are not satisfied with a matter that relates to the identification, evaluation, educational placement, or free appropriate public education of a student. A due process complaint notice, containing the name of the student, a description of the problem and a proposed resolution to the problem is sent to the other party and the hearing office. The school will then send a written notice, it not previously done, to the parent to provide an explanation for the action of the school. The hearing officer will then determine if they will take the issue on. Each party is then given the opportunity to resolve the issue through a mediation meeting; both parties may choose to waive this meeting. If matters are not resolved at the mediation meeting the school does not resolve the issues within 30 days of receive the notice, a due process hearing will take place. Before a due process meeting takes place, all documents, witness, and evaluations must be disclosed. A hearing officer will then hear the case in either a public or private meeting, a decision will then be made. If either the parent or the school is unsatisfied with the decision, they may file an appeal (Special Education Due Process Procedures, 2012). In this case study there was no mention the school sending the parent a letter with an explanation about their actions after they …show more content…
Rhoads, the attorney for Darnell, was questioning Ms. Gleason he made sure to ask specific questions to make a point and to cause the hearing officer to rule in favor of the parent and Darnell. Mr. Rhoads wanted to draw attention to the fact that the school district did not follow the regulations that were set under IDEA about discipline and suspension of a special education student. By asking questions that provided insight into how long the student was suspended, what the principal thought was the case of the rule violation, and principals understanding of the rule about suspending special education students helped the attorney drive the point that the school did not follow the IDEA regulations for discipline. By getting the principal to admit that she believed the behavior was caused by the disability and that she didn’t follow the suspension rule, he was able to prove to the hearing officer that the school was in the wrong. In this case study, it was not appropriate for the police to become involved. Darnell, though he may have been disrespectful, was not causing physical harm to anyone during that instance. It is appropriate for the police to become involved when the student has committed a serious offense, such as weapons, drugs, and serious bodily