Disproportionality: Segregation Through Special Education


S.L. Guaranteed Due Process Hearing

In December 2010, the U.S. District Court for the Eastern District of Pennsylvania that SL, a Law Center client, was guaranteed a due process hearing to address his family’s request for an Independent Educational Evaluation to be paid for by the District. LMSD had argued that the administrative process could not be used if the only request was for an evaluation. The Court was not convinced: if a matter has not been fully resolved, the Court reasoned, the family is still entitled to a hearing. The Court also strongly reminded the District that, under the IDEA, a parent is allowed a hearing on “any matter relating to the identification, evaluation, or educational placement of the child.”