Texas Educ Agency Due Process Hearing

I filed for a Due process hearing 2/01 because my sons school and I did not agree with a manifestation determination. At my Due Process meeting the manifestation determination never came up by the hearing officer or my attorney. Also, the hearing officer never ruled on it. Is the burdon of proof on us parents or on the school. When I called TEA and told them I never recieved a determination by the hearing officer they told me to refile. Isn't it up to the hearing officer to make sure my complaint is heard and keep the attorneys on track? If I refile I have to pay a attorney to represent me again.

If you went to due process because of that issue, your attorney certainly should have made that an issue at the hearing.

If he did not, I'm not sure how the hearing officer could issue a ruling on that issue.

What DID he issue a ruling on, if anything?

And the burden is on the school to prove that its program is appropriate for a special needs child.

Yes, if you go to due process again, you have to do the whole process over, which would include hiring another attorney.

I would contact your old attorney and get a copy of the decision. A hearing officer HAS to issue one -- and has to provide a copy to your side, which I'm sure he/she did through your attorney.

Hope this helps.

Thanks for replying. I completed the “Complaint From” from TEA and faxed it to them with this complaint “Pursuance of 300.523 evoking stay put by filing a due process”. 300.523 is a manifestation determination. This form was then faxed to the hearing officer and my attorney. One month after I filed my complaint with TEA we went to mediation and discussed the manifestation determination with both layers present. The district wanted my son expelled for six weeks to JJAEP in exchange to pay all our legal expenses, medical expenses, mileage etc. We said no because his behavior was a manifestation of his disability. We did not agree in mrdiation so we continued to a Due Process. So there is no doubt in my mind everyone was reading off the same page and knew why we were filing a Due Process.

It seems to me the hearing officer has the responsibility to know why he is hearing the case based on my initial paper work. To me it’s like me going to court for a traffic ticket. The judge never looks at my file to see I am there for a traffic ticket. I hire a lawyer because I say I was not speeding and the police say I was. My attorney tries my case with insignificant issues like how rude the officer was the last two times he stopped me, the city overcharged me on my water bill, etc. The judge rules that my layer did not prove his case based on these two arguments and denies any wrong doing on the police and the Water Company. Case closed. Well what about the ticket. Was I speeding or not. I still have an outstanding complaint.

That is what happened in my case. I filed a complaint based on a manifestation determination issue. I said his behavior was a disability and they said it was not. When the issue came to a Due Process my attorney argued the basic denial of services. You know not providing appropriate IEP, did not identify him in time, etc. These items my attorney added to my case. I did not complain on these issues. I only filed a complaint for a manifestation determination and that issue is still out there. I did get a copy of the ruling and there is no ruling on a manifestation determination.

Do you know if there is such a thing as getting a Due Processes Hearing dismissed because it was not properly heard? And whom do I contact with a complaint on the Texas Education Agency. If I have to refile I want the entire first case thrown out because I feel the Hearing Officer did not hear and make a ruling on my complaint. Based on research on the internet I am afraid if I do not get it thrown out, if I have complaints in the future on the issues the attorney brought up that I did not file a complaint on it might be like a “Double Jepardy” and they wont let me do it.

Now I have to figure out what to do with my son he is in educational limbo

Call someone in the special education division of the TEA.

That person will be able to direct you on how to proceed.

The Department of Education folks in Indiana are terrific -- very helpful to parents.

I hope your state's agency is just as good.

Best of luck to you!

Hello,
I am the mother of a 21 year old hearing impaired son, deaf since birth. I have fought for his education since age 2. I was wondering if your son has developmental disabilities?
Perhaphs he qualifies for a free attorney thru the federal program for developmental disabilities. If so, you may email me if you would like my help locating services for your son.