Mitchell M. Pote is an Indiana attorney who represents children with special needs and their parents. Often, this involves attending a due process hearing in order to ensure and oblige schools to comply with the federal and state protections afforded to special needs children.
Unfortunately, parents often do not know what their children's rights are in terms of the education and services offered by the schools, and they may feel intimidated by the school staff and/or administration. The schools are required, BY LAW, to devise an Individualized Education Plan (IEP) based on each child's individual needs that is reasonably calculated to confer meaningful educational benefit.
Anything less than this standard does not comply with the law, and is actionable through a due process proceeding. "What we have (or what we can afford) is what you get" is not what the federal and state laws provide. Statutory noncompliance would be a substantive or procedural violation of a child's due process rights.
Please contact us to find out more about the due process rights associated with special education and/or school law, including, but not limited to, expulsions, disciplinary proceedings and/or harassment of school children.