Monday, February 3, 2014

New Weekly Question!

Why does everybody who participates in a special ed hearing hate the hearing process so much?


  1. Hello Mr. Gerl, Thank you for posting this question. I am comforted in knowing at least one hearing officer in America will read my answer. You are right sir , we do! You might ask yourself why Wrights law has sold so many books called From Emotions to Advocacy. My name is Jane Brooks I live in Cody Wy. I have been through due process with my son and will be handing in another due process today. I can't even begin to tell you how much I despise that I have to fight for every right that my son should have. The right to music, P.E , activities, the right to listen to peers, the right to education without waivers that waive his right to a education. In my sons last due process I fought for the sign language that was on his IEP for over a year but the only sign taught was a box of animal cards the SLP brought and documented he sometimes has trouble with the word skunk. Well something stinks there don't you think? I and my son who has ds-asd and apraxia sat through that due process for 7 8-11 hour days , alone. We lost of course. We had just found out my husband , his dad is dying two weeks before. I makes me really hate it when I read the hearing . Or when I see that the district fraudulently altered a evaluation done by the people they hired to do a AT evaluation. They removed the part where she explained how he would use his AAC as a communication device, so their SLP documentation that he is adept at using the proloquo2go would be appropriate , just using it to push a button for a history or science presentation. I hate that the school denied my right to see his educational record before a transtition IEP and deleted his AT action plan, his behavior plan, and documented he would have access to text books although they put him in full segregated special education that does not use text books. For history , science, health or vocational training which is a one size fits all disabled program doing dirty work for those who still have a right to education. I have been severely bullied by staff, my sons rights are denied, he is called the "subgroup" and provided a substandard education. I am handing in this very long due process , but as BG from P&A told me , "we are no longer funder to defend a FAPE. " My son will fight for his right to a education, but the school did take his AAC away even though I had many doctor recommendations to continue with the AAC because they cant understand anything he says,. They do not care about anything but $$$$ . I am also filing a report today because my son was found seen locked outside the school without a coat in -10 degree temps , following the previous day when nobody knew where he was but he was found .....

  2. It seems to me that a more constructive would be "how can we work together to make the hearing process better for all involved." Clearly, as in all litigation, due process hearings are contentious and emotional for all involved. But, phrasing the question as "everyone who participates....hate the hearing process so much" reinforces the negativity - and also is probably factually incorrect.

    1. I will agree with Anonymous statement that not everyone hates the due process. I know several parents that absolutely love it ! They are all lawyers or lawyers in addition to politicians in Washington D.C. One parent lawyer couple even shared that they got their daughter manicures because her picking at the tips of her fingers was a problem that caused staff to feel intervention was necessary. You may know them the dynamic duo T & C