Due Process Litigation

Protecting Your Child’s Rights Through Due Process Litigation

When disputes arise that cannot be resolved through traditional methods, due process litigation provides a legal avenue to ensure your child’s educational rights are upheld. At Gerard V. Muriello, Attorney at Law, we offer expert representation in due process hearings to advocate for your child’s needs.

Understanding Due Process

Due process hearings are formal legal proceedings provided under IDEA (20 U.S.C. § 1415) to resolve disagreements between parents and school districts regarding the identification, evaluation, placement, or provision of free appropriate public education (FAPE) to students with disabilities.

Our Litigation Services

  1. Case Evaluation: We conduct a thorough review of your case to determine the strengths and weaknesses of your position. This includes examining documentation, educational assessments, and previous interactions with the school.
  2. Preparation and Filing: We handle the preparation and filing of all necessary legal documents, including complaints and requests for due process hearings. Our goal is to ensure that your case is presented clearly and effectively.
  3. Representation at Hearings: We provide skilled representation during due process hearings, presenting evidence, cross-examining witnesses, and making legal arguments on your behalf. Our aim is to ensure that your child’s rights are protected and that appropriate remedies are pursued.
  4. Post-Hearing Actions: Following the hearing, we assist you with understanding the decision and implementing any changes required by the ruling. If necessary, we explore further legal options, including appeals.

Legal Framework

IDEA guarantees the right to a due process hearing under 20 U.S.C. § 1415(b)(6). Florida’s regulations, found in the Florida Administrative Code (F.A.C. Rule 6A-6.03311), provide additional guidelines and procedures for due process hearings in the state.

Why Choose Us?

Our extensive background in special education law and our understanding of both federal and state regulations equip us to handle complex due process cases effectively. We are committed to advocating for your child’s educational rights with dedication and expertise.

Contact Us

If you’re facing a dispute that may require due process litigation, contact us to discuss your case. We’re here to provide the support and legal representation you need.