Dear scared,
I'm so sorry you are going through this! Although it is unfortunate that I can not, from this venue, evaluate whether your experts are highly credentialled, etc., I am going to assume that they are and that the school is being unreasonable, based on your post. That being the case, if I were you, I would continue to fight this battle. However, I do understand about the cost of a lawyer. I don't know if you have been there, but if not or if you have not fully used it, please go to http://www.wrightslaw.com/. This expert can practically teach a parent to be the strongest advocate for his/her child, as well as teach those that are in this line of work. I would take it like a college curriculum and absorb every word, attend the seminars when they are in your area, etc. I think this resource can be your biggest ally here.
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I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks
Sincerely,
S. Joy, Legal Expert
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In your opinion do we have a case? How much weight does the expert hold?where lies the burden of proof? We cant keep agreeing to disagree while my child falls into the cracks. We do read wrights law thats why we are where we are today.
They obviously think your expert is wrong and theirs is right - or equally possible that they simply do not want the added expense and trouble of providing what your expert says your child needs, and this would be all to common. Do you have a case? I have seen none of your evidence, so I can not legally evaluate. Howevever, I would argue that if you expert was more qualified, more experienced....if your experts was more thorough in his evaluation...perhaps he is a treating phsyician/expert?...if your expert has far more time spent with your child than their expert....all these things will be on the side of your expert being more knowledgible, and more correct, then their expert. If you have multiple highly accredited experts all agreeing with your position, vs. the school's 1 expert....very influential......So, you must tell me, where to these factors lie? If they exist in your favor, it would appear you have a strong case.
As for your next question: If you decide to sue, whether you have the burden of proof or the school district does, will depend on your state. My last research shows that 10 States place the burden of proof at a due process hearing on the school district. These states are: Alabama, Alaska, Connecticut, Washington DC, Delaware, Georgia, Illinois, Kentucky, Minnesota, and West Virginia. 17 States place the burden of proof on the party that files for a due process hearings. These states are: Colorado, Indiana, Kansas, Louisiana, Maryland, Michigan, Mississippi, Oklahoma, New Mexico, North Carolina, Ohio, South Carolina, Tennessee, Texas, Utah, and Virginia.
These states that are affected by the U.S. Supreme court case of Schaffer vs. Weast: Arizona, Arkansas, California, Florida, Hawaii, Idaho, Iowa, Maine, Massachusetts, Missouri, Montana, Nebraska, Nevada, New Hampshire, New York, North Dakota, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Dakota, Vermont, Washington, and Wisconsin, meaning, that the burden of proof in a due process hearing challenging an IEP, is placed upon the party seeking relief, in other words the party that filed. (Some states on this list may have passed laws, since this ruling board of education).
But even if you didn't have the burden of proof? You can still have a slam dunk case, if your expert can blow the other expert away.
I'm sorry the venue here does not allow me to review your actual file, but I do hope the above can help you look at certain factors and guide you to a decision.
Managing Attorney/Lawyer
15+ Years of Legal Practice Experience: General, Soc Sec.Disability, Personal Injury, Divorce, etc.