Resolving
Disputes in Special Education
by
Herbert D. Hinkle, Esq. and Ira M. Fingles, Esq.
Herbert D. Hinkle
Law Office
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
In previous articles,
we have discussed different ways to avoid problems when working with
school districts to ensure appropriate educational services for students
with disabilities. When those informal methods are not enough, the
special education law provides a number of more intensive methods
of resolving disputes.
Both Pennsylvania
and New Jersey offer mediation through the State Department of Education.
In mediation, a mediator will listen to both sides' arguments and
try to help the parties reach an agreement. If an agreement is reached,
it is final and binding. If the parties cannot agree, the mediators
do not have the authority to issue a ruling or to compel either side
to take any action.
Due process hearings
are also available in both states.
In a due process
hearing, a Hearing Officer (in Pennsylvania) or an Administrative
Law Judge (in New Jersey) will listen to witnesses presented by the
parties and will consider documents that are introduced into evidence.
At the end of the hearing a decision is issued, which is final and
binding unless it is successfully appealed.
Another method
of resolving disputes is to file a complaint with the State Department
of Education. The Department of Education will conduct an investigation
to determine whether there have been any violations of the special
education laws. If there is a clear-cut violation, the Department
of Education will order that the school district take corrective action.
Deciding which
of these techniques should be used and when to use them depends upon
the circumstances. In certain cases, parents may be able to recover
their attorneysâ fees from the school district if a dispute
is resolved in their favor.
Copyright 2002
H.D. Hinkle. All rights reserved.
Mr. Hinkle maintains
a multi-state law practice with offices in Lawrenceville, Florham
Park, and Marlton, NJ, and Yardley, Pa. Mr. Hinkle and his colleagues
Ira Fingles, and Paul Prior lecture and write frequently on topics
of law, aging, and disability, and are available
to speak to groups in New Jersey and Pennsylvania
at no charge. Call (609) 896-4200.
