Legal Question in Education Law in California

I am initiating due process with my school district and am representing myself. While I realize an attorney could most likely represent me more efficiently, I am not financially capable. I am well prepared, know education code and IDEA. I have defeated an attorney in an unrelated case, and also have won a judgement for the maximum amount in small claims, again unrelated. I love law but need to know more in the following area, any assistance would be greatly appreciated. Where can I find the rules of evidence, objections, motions, examination of witnesses for a due process proceeding?

Asked on 2/05/12, 9:09 pm

1 Answer from Attorneys

Allison Arkin Law Offices of Allison Arkin is a good place to start regarding special education law generally. It will also give you information in the mechanics of filing for due process and conducting a hearing. If you already have a good working knowledge of the ed code and IDEA, you are in good shape. Due process is an administrative proceeding, not a civil proceeding, so the rules of evidence, objections, etc. are more relaxed than in a civil litigation. Also, the process is designed, theoretically, for non-atttorneys, so don't feel that you are going to be expected to know what an attorney would know regarding the logistics of putting on a case. Good luck, and let me know if I can be of further assistance.

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Answered on 2/05/12, 9:29 pm

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