HOW TO HANDLE DUE PROCESS LITIGATION EFFECTIVELY UNDER THE EDUCATION FOR ALL HANDICAPPED CHILDREN ACT OF 1975

Abstract

When mediation and other conflict resolution efforts have failed to resolve disputes to the satisfaction of parents and school personnel, a formal due process hearing is the neat step provided for under the Education for All Handicapped Children Act of 1975 (Public Law 94‐142). This article describes how parent representatives can effectively prepare for and conduct a due process hearing. Although written from the point of view of the parents’ representative, school personnel also should find many of the points valuable.

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Notes on contributors

Theodore A. Sussan

Theodore A. Sussan is an attorney who specializes in special education litigation. He has litigated many landmark cases that have furthered the rights of students with handicaps. His offices are located in Spotswood, New Jersey.