Stephen Jeffers v. School Board - Special Education Due Process Hearing

Stephen Jeffers v. School Board will take you through a due process hearing, from initial preparations to testimony by the final witness.

The Individuals with Disabilities Education Act requires that public schools provide a free, appropriate education to qualifying students with disabilities. If there is a disagreement between parents and their school district, either party my request a special education due process hearing.

The Virginia Legal Advocacy Clinic, VAVS, Wrightslaw, and Harbor House Law Press joined forces to create this video of a special education due process hearing. This video is based on an actual case.

The cast includes:

* Darrel Tillar Mason, Esq. Former member of the Virginia Board of Education and hearing officer
* Kathleen S. Mason, Esq. Nationally-known school board attorney
* Peter W. D. Wright, Esq. Parent attorney

Synopsis

Background

Stephen Jeffers is a young child with autism. Two years ago, his parents placed him in The Early School, a private special education school that provides intensive one-on-one ABA therapy to youngsters with autism. Stephen made substantial progress at the Early School.

The parents requested reimbursement for Stephen's education at The Early School. The school district refused, and offered to place Stephen into the public school's special education class. The parents

The parents requested a special education due process hearing to resolve this dispute.

In the video, you see how a case is prepared and presented by both sides. The procedure may remind you of a courtroom. In many states, due process hearings are quite formal.

Each state has specific regulations that govern the procedure to request a special education due process hearing and the appointment of hearing officers.

When this story begins, the school board attorney has learned about the parents' request for a due process hearing.

As the school board attorney (played by attorney Kathleen Mehfoud) discusses the case with her paralegal (Lori Battin), you learn how she prepares her case.

Dismissed?

Both sides are responsible for preparing their own case.

There are very specific rules that must be followed in due process hearings. The parents' case was nearly dismissed because they misunderstood the legal requirements for exchange of documents and witness lists.

The Hearing Officer presides over the procedure, listens to all testimony, weighs the evidence and makes decisions. Generally, it is not the Hearing Officer's responsibility to assist either party.

The school board attorney requested that the parents' case be dismissed.

After hearing from both sides, the hearing officer (played by Darrel Tillar Mason) gave the parents a 30 day continuance to prepare their case -- over the objections of school board counsel.

Searching for an Attorney

Mr. and Ms. Jeffers begin their search for an attorney who can represent them - not an easy task.

After a telephone call to Pete Wright about their situation, they decide to meet with him.

Preparing for the Due Process Hearing

During their meeting with Pete and Pam Wright, Pete discusses the issues of their case and discusses strategies.

He gives the parents a long list of things to learn and do before their due process hearing resumes.

As Pete tells the Jeffers, "The key to a successful outcome is preparation, preparation, preparation."

Due Process Hearing

The School Board Presents Its Case

Issues raised by the school board include:

* Lack of certain related services at the private school;

* Absence of "group experience" prevents learning from non-disabled peers;

* Benefits of the public school program and progress made by other students.

You see exciting direct examination, dramatic cross-examination, arguments between counsel and objections to hearsay and leading questions.