Title:
(DVD) Surviving Due Process: When Parents and the School Board
Disagree
Reviewed By:
Jackie D. Igafo-Te'o
Review Date: November 10, 2004
ISBN:
1-892320-04-5
Price:
$19.95
Running Time:
2 hours
For more
information or to order this DVD: Contact Harbor House Law
Press, Inc. at 877-LAW-IDEA (877-529-4332) or visit
www.harborhouselaw.com.
Description:
Learn how attorneys for parents and schools prepare for due
process hearings. See exciting direct examination and dramatic
cross-examination of witnesses, objections and arguments between
counsel, and rulings by the hearing officer. Learn about rules
that must be followed, mistakes people make - and why the
parents' case was nearly dismissed. Surviving Due Process:
Stephen Jeffers v. School Board is based on an actual case
about a young child with autism. With different evidence and
witnesses, this could easily be a case about a child with a
different disability or a different legal issue.
Jackie's
Review: Follow the family of Stephen Jeffers and the
attorneys on both sides of the table in this grand re-enactment
of an actual Due Process hearing. It was hard for me not
to get up and clap when Attorney Pete Wright asked the "perfect
question" or to let out a resounding "boo hiss" during several
parts of the film where the district's attorney played her role
to the nines. Being one who has sat across the table from
a School District's Attorney, I'd have to admit that this DVD
brought back some early feelings of discomfort and intimidation,
but at the same time reinforced the seriousness of such an
event. I know that many parents can relate to the feeling
of being out-numbered and out-gunned. Being prepared is
half of the battle and Pete gives plenty of pointers on how to
prepare yourself for a hearing. This DVD allows you to know - in
advance - what to expect from the opposite side of the table.
While this DVD doesn't claim to contain the magic formula for
all due process hearings, it packages the general idea into a
tidy little nutshell that any parent can understand.
Follow the Wrights as they teach what to do and even more
critically, what NOT to do in preparing for and participating in
a Due Process hearing. If you've ever wondered about what
happens during a Due Process hearing, here's your chance to
learn. I would recommend this DVD to anyone who desires to
know more about Due Process or who has already begun Due Process
proceedings. Priced reasonably, this DVD makes a perfect gift
for your favorite advocate or for parents who are struggling
within their own districts.
Janet's Review: Due Process is not just
another IEP meeting. That is the foremost point of this very
worthwhile DVD. Due process is a formal hearing resembling a
court proceeding. Most people will need an attorney. You will
need independent expert evaluations and the experts will be
examined and cross-examined during the hearing, as will the
school’s experts. The hearings usually take 2 to 3 days but can
take more than 20 days in complicated cases. Surviving Due
Process takes you through the preparation for due process as
well as a simulated hearing that was based on an actual case.
Many of the preparations for due process can and ideally should
start long before a due process hearing is requested or even
thought of. The how and what to document along with the way to
organize your records will give you a head start should you or
the school request a due process hearing. I am a mother who is
very close to requesting a due process hearing for my son. I
wish I had viewed Surviving Due Process 2 years ago when my son
was in 1st grade. I would be better prepared and have a stronger
case. I recommend that any parent of a child that requires more
extensive special education services or has behavioral issues
view Surviving Due Process as early as possible in your child’s
school career.
Jackie's
Summary: Surviving Due Process
chronicles Mr. and Mrs. Jeffers' quest to obtain reimbursement
for private school placement for their 4-year-old son, Stephen.
They believe that private school placement is appropriate for
their son, based on his individual needs. In order to move
forward with their request, the parents must request a Due
Process hearing. The film begins with a PowerPoint presentation
which lays Due Process out in detail. From that point, we enter
into a discussion regarding the District's defense strategies,
potential questioning, witness list, and records review. A
hearing officer is assigned and the process moves forward. A
pre-conference hearing lays the ground rules for both sides.
Next, we enter into the hearing with the parents, hearing
officer, and district representatives. The District's attorney
digs into the parents citing their lack of preparedness and
inability to follow the rules set forth in the pre-conference
hearing report. Emotions run high as both parents are caught by
surprise when the District requests case dismissal. Mr. Jeffers
explains that he did not understand that the process would be so
formal in nature. The hearing officer decides to deny the
District's request to dismiss and grants 30-day continuation to
the family of Stephen Jeffers. The district strongly objects to
the Hearing Officer's 30-day continuation decision. The hearing
moves on after Stephen's parents are admonished on the
seriousness of the hearing. Based on what the parents learned
during this first session, they decide to retain an attorney on
their son's behalf (Attorney Pete Wright).
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