DODEA special education lawyers

Honor Law Firm's Experienced DoDEA Special Education Lawyers specialize in bringing Due Process Petitioners on behalf of parents of children who have been denied a Free and Appropriate Public Education (FAPE) at Department of Defense Education Activity (DoDEA) Schools. We assist clients with all issues stemming from their child's special education services at DoDEA schools, and can get involved early in the process in an attempt to minimize the need for formal due process, if possible.

Department of Defense Education Activity (DoDEA) is responsible for providing educational services at 161 schools in 9 Districts located in 11 foreign countries, 7 states, and 2 territories across 10 time zones.  Those education services include Special Education services pursuant to the Individuals with Disabilities Education Act (IDEA). The DoDEA schools and the cognizant military component are also responsible for providing Early Intervention Services (EIS) and Related Services through EDIS (Educational and Developmental Intervention Services). In essence, DoDEA is responsible for ensuring that students with Individual Education Plans (IEP) receive the services as described within the IEP, and failure to deliver those services appropriately could be a denial of a FAPE.

What is FAPE?

DoDEA FAPE Lawyers. FAPE is a key component of special education law under the IDEA. It ensures that students with disabilities receive services that are tailored to their individual needs, at no cost to their families, and that the education provided meets appropriate standards for their specific disabilities. This includes the requirement for services to be provided with a high level of veracity or accuracy, meaning that they must be properly implemented and meet the needs of the student effectively. 

Exercising Your Rights Under the IDEA with DODEA

The IDEA is implemented at DoDEA schools through the Department of Defense Instruction (DoDI) 1342.12 and the Department of Defense Manual (DoDM) 1342.12. If parents feel that the DoDEA school servicing their child's IEP is not satisfying their obligations under the law, there may be a case to prove that their child has been denied a FAPE, and it could be appropriate to file an administrative complaint or a due process petition.

An administrative complaint, as described in DoDM 1342.12, Enclosure 6, is an administrative process to convey issues regarding your child's IEP services to the school and DoDEA. It is internally adjudicated and can be a helpful first step to resolving the issues. Parents do not have to file an administrative complaint; it is not a prerequisite to a Due Process complaint, and a parent can take either option, or both. 

Due Process Petition (Complaint) is a formal complaint filed with the Defense Office of Hearings and Appeals (DOHA) related to your child's special education services received at the DoDEA school. It must be filed with the Director of DOHA with a copy to the school. At minimum, it must contain the following:

1.  The name and residential address of the child and the name of the school the child is attending or the location of the EDIS serving the child.  
2. A description of the nature of the problem of the child relating to the proposed or refused initiation or change including facts (such as who, what, when, where, how, why of the problem).   
3. A proposed resolution of the problem to the extent known and available to the petitioner at the time.  
4. The signature of the parent, or if the petitioner is DoDEA or a Military Department, an authorized representative of that petitioner, or of the counsel or personal representative for the petitioner, and his or her telephone number and mailing address.  

Failure to adhere to the strict requirements in DoDM 1342.12 could result in the case being dismissed, or a Notice of Insufficient Petition being filed against the parents, which can result in significant delays to the process or inability to pursue a claim. 

The Due Process procedures pursuant to DoDM 1342.12 are quick, generally requiring an answer from DoDEA within ten business days and a Resolution Meeting to be held within 15 calendar days. If the parties are unable to resolve the complaint within the Resolution Period (30 days from filing), the 45-day clock for a Decision to be rendered by an Administrative Judge begins to run. Prior to a Decision, a hearing on the merits will be held in front of the Judge in which documentary and testimonial evidence will be presented by both parties, and arguments made.

The attorneys at the Honor Law Firm are experienced in DoDEA Special Education Law, and our Special Education Attorneys and can assist you immediately. Contact us today for a consultation!