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Children who are not being provided with required services can request a due process hearing before the Alabama State Department of Education. A hearing officer will decide whether the local system is in compliance with IDEA.

You are entitled to be represented at the hearing by a lawyer. A written decision will be issued by the hearing officer. School systems are required to abide by the opinion of the hearing officer or appeal the decision to Federal Court.

The hearing is a formal administrative proceeding governed by the Alabama Rules of Evidence. An attorney can provide the guidance you need in this legal proceeding. 

If you would like to see the types of issues raised in a due process hearing you can review the following:

Due Process Case Summary

Due Process Hearing Issues 

Participating in a hearing is a serious commitment of time and resources for you and the school system. If you would like to review statistics about due process hearings in Alabama you can see them here.

There is also a brief synopsis of Alabama cases available here.
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What If No One Is Listening?

Have you ever asked yourself, what can I do if no one is listening? Is my child simply “out of luck?” What people or agencies are responsible for investigating my issues? The following is a list of options available to you. Some of these can be done on your own—others are probably best accomplished through an attorney.

I have included the website where you can get information about filing a complaint including the forms. Where available I have also included a phone number and an e-mail. The references to the Alabama administrative code will allow you to determine what the procedure is and whether you want to attempt it on your own.

Click here for the complete paper authored by Dr. DePaola which discusses how to navigate through the process of filing a complaint regarding special education for your child.
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About Susan Shirock DePaola

Susan Shirock DePaola is an attorney in Montgomery, Alabama who served for 10 years as a hearing officer for special education cases. In other words, Ms. DePaola decided special education cases like yours! She began serving as a lawyer representing parents and children in 1999.

She has a doctorate in elementary education and 10 years experience as a teacher and an administrator in public and private schools.

She has been practicing law since 1982 and has served as a consultant with the Southeastern Regional Resource Center, the Mississippi State Department of Education, the Virgin Islands Dept. of Education and she has taught special education law at the University of Alabama.

Her perspective is unique. With legal experience, classroom experience and her experience as a school administrator she can look at all of the facets of a problem.

As a parent of a student with a disability your case will receive close scrutiny and you will not be urged to file for a due process hearing unless Dr. DePaola is convinced that your case has merit. Any other approach simply creates bad feelings between the school system and parents.

The best case scenario is for parents and school system personnel to understand that we are trying to work together even though we may have disagreements at times which require outside resolution. Having a lawyer representing you does not necessarily mean a hostile relationship between the school system and you! Look for a lawyer to assist you who believes that it is a part of his or her responsibility to preserve your good relationship with school personnel.

Is There a Fee?

IDEA allows parents to recover attorney's fees and costs from local school systems if parents are the "prevailing party" at a hearing.

There is no charge for meeting with us to discuss your case. Cases are carefully screened and parents whose cases are accepted can expect to recover our fees from the school system. If we accept your case and you are not the prevailing party, there will be no charge for our services.

The 2004 amendments to the Individuals with Disabilities Education Act provide that a court may award attorneys fees to a school system and against your attorney if the complaint that is filed is frivolous, unreasonable or without foundation. Threre is also a provision that the school system can seek an award of fees against a parent or the parent's attorney if the complaint is presented for any improper purpose such as to harass or for the purpose of unnecessarily delaying or increasing the cost of litigation.

Because of this, it is even more important than ever that your claims be carefully screened so that you can feel comfortable that you will not be subjected to an award of attorneys fees against you!
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How Do We Select Cases?

Before your case is accepted you will need to organize all relevant documents and provide copies to our office. The documents will be reviewed prior to our appointment.

In our meeting, we'll identify issues which are of concern to you. Our practice is limited to special education issues such as 

• Eligiblity
• Failure to provide services 
• Whether services are appropriate 
• The least restrictive environment 
• We'll also look at your child's educational progress! How is your child doing academically? Test scores are critical so records are a must. If you don't have your child's records, request them now in writing. Check our Resources & Links section for a sample letter to request records. 

If you would like to read more about educational testing, Dr. DePaola has written a brief article entitled “Understanding Test Scores: The Simplified Version” which you can read on this site. You can also find information on educational testing at the Alabama State Department of Education website. Testing requirements for each area of eligibility are contained in the Alabama Administrative Code.

You can also read more in a comprehensive article by Peter Wright and Pamela Darr Wright: "Tests and Measurements for the Parent, Teacher, Advocate and Attorney."

Generally, Dr. DePaola will construct a spreadsheet to determine what educational testing indicates about your child's progress. While the school system is not required to guarantee progress, there must be some evidence that measurable and adequate gains are being made. The test scores are one means of putting together that picture. Click here to view a sample spreadsheet for a 16 year old student

Of course, educational testing is a complicated matter and interpretation of test scores is not something that parents should be expected to be able to accomplish alone. Dr. DePaola is qualified as a psychometrist in the state of Alabama. That means she can assist you in interpreting test scores -- although she does not do testing herself at this time.


Click here for Dr. DePaola's resume.

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Susan S. DePaola, Attorney
Montgomery, Alabama
Specializing in Special Education for Children with Disabilities
http://specialeducationattorney.com