Last updated Friday 18 June 2004 03:35 PM

When all else fails,  check out the D-I-Y resources that follow.

The legal term for proceeding without an attorney is pro se which translates to "for self" or "on one's own behalf"

In West Virginia, private legal representation for a typical due process hearing averages about $25,000 for the student's family.  (The schools -- using YOUR tax dollars -- are paying AT LEAST that much, plus shelling out for the hearing officer, court reporter, transcripts, and venue-related expenses.)  For some families, this expense -- or even running the RISK of this expense -- is just not acceptable.

You can be assured that the school district will have legal representation.

It is quite likely that the hearing officer will be an attorney as well, although every state is different in this regard.  In West Virginia, the hearing officers must be licensed attorneys whose private practices do not involve education law [per Boles v Board of Education of the County of Kanawha Civil Action No. 2:86 0854 (S.D. W. Va. 1989)].

While your chances of prevailing are greater if you have legal representation, you are allowed to go it alone.

Intimidating?  You bet your knickers it's intimidating!  Hopefully, the resources below will help.
 

Articles of interest ... ** IN DEVELOPMENT **

• Requesting a due process hearing

• The pre-hearing conference

• General procedure

• Opening and closing statements

• Witness lists

• Preparing evidentiary notebooks

• About hearing officers

• Types of witnesses (expert, hostile ...)

• Questioning a witness

• Objecting

• The record

• Transcripts

• Preparing a legal brief

• Common citations

• Logical fallacies

• If you prevail, expect the school to appeal

• Appeals

NOTE:  We are currently collecting links to articles on the above topics as well as requesting direct contributions for articles to be featured on our site. Submissions will be appropriately attributed to the author(s) and will include a link to the author(s) own site (if applicable).  Contributors will, of course, retain their copyright and can share their work with whomever else they choose.  Please send suggestions and/or contributions to:  psIDEA@aol.com.  Thank you!
 

Miscellaneous tools and legal research links ...

• Versus Law
  MUCH cheaper than Westlaw, and they offer month-by-month subscriptions ($11.95/month as of October 2003).  Perfect for temporary access needs.

• FindLaw Cases & Codes

• IDEA '97 Law & Regulations

• Reed Martin's Due Process Hearing Manual ($49.95)
  Excerpt (reprinted with permission) ::

• Wrightslaw's Attorney Manual: Representing the Special Ed Child

• Wrightslaw's How to Prepare for a Due Process Hearing

• Family Education Network's Due Process Hearings

• SpEdRights.com's Compliance Complaints & Due Process

•  

In West Virginia ...

• WV Policy 2419

• WV Department of Education Letters of Clarification

• WV Department of Education Complaints & Due Process

• West Virginia's due process hearing officers & mediators

• West Virginia Special Education Litigation Log

Some related links ...

• Dispute Resolution Links (Google)

• The Pro Se Law Center

• American Pro Se Association

... and more on our Links page!