Understanding the Outcome of the 21-3267E Due Process Hearing between ** and Broward County School Board
Case 21-3267E: Important Lessons for Parents from Recent Florida Due Process Hearing
XX v. BROWARD COUNTY SCHOOL BOARD - 21-3267E
A due process hearing was held as duly noticed on January 4, 2022, via
Zoom video-teleconference, before Jessica E. Varn, an administrative law judge with the Division of Administrative Hearings (DOAH).
APPEARANCES
For Petitioner: Petitioner, pro se
For Respondent: Susan Jane Hofstetter, Esquire
A 1/14/2022 order in a case in the State of Florida's Division of Administrative Hearings highlights the importance of providing credible and persuasive evidence in due process hearings under the Individuals with Disabilities Education Act (IDEA). In this case, a petitioner filed a complaint against the Broward County School Board, alleging that the School Board failed to provide safe and timely transportation for a student, as required by the student's individual education plan (IEP).
The hearing was held via Zoom video-teleconference, and the petitioner testified, but called no other witnesses and offered no exhibits. The School Board presented no witnesses and offered no exhibits. The judge found that while the student was eligible for exceptional student education (ESE) services and had an IEP which included transportation as a related service, no credible or persuasive evidence was provided to establish that the School Board failed to provide timely and safe transportation during the weeks leading up to the filing of the complaint.
The judge's ruling emphasized the importance of providing credible and persuasive evidence in due process hearings under IDEA. Parents and children with disabilities are accorded substantial procedural safeguards to ensure that the purposes of IDEA are fully realized, and parents are entitled to file an administrative due process complaint with respect to any matter relating to the identification, evaluation, or educational placement of their child, or the provision of a free appropriate public education (FAPE). However, to satisfy IDEA's substantive requirements, school districts must provide all eligible students with FAPE, which is defined as special education services that have been provided at public expense, under public supervision and direction, and without charge; meet the standards of the State educational agency; include an appropriate preschool, elementary school, or secondary school education in the State involved; and are provided in conformity with the individualized education program required under 20 U.S.C. § 1414(d).
Parents who are considering filing a complaint against a school district should ensure that they have credible and persuasive evidence to support their claims. This may include documentation of the alleged violation, witness statements, or other forms of evidence that are relevant to the issue at hand. In addition, parents should be prepared to participate in meetings concerning their child's education, receive written notice prior to any proposed change in the educational placement of their child, and file an administrative due process complaint with respect to any matter relating to the identification, evaluation, or educational placement of their child, or the provision of a free appropriate public education (FAPE). By following these procedures and providing credible and persuasive evidence to support their claims, parents can help ensure that their child receives the education they are entitled to under IDEA.