Due Process Hearings - Another Point in Going Through With Them

I know AzEIP has been calling to "confirm" that people still want their hearings because they still have services now, they called me too. I have also seen some parents saying that AzEIP is willing to put their hearings "on hold" to see what happens and if the state's appeal goes through, they will initiate the hearings. They didn't tell me that, but if they did, I would not have agreed to it anyway.

Again, I'm not a lawyer, but it sounds odd to me. The legal timeline for hearings is 30 days from the date of the request, I'm curious to know how it could even be legal to put due process "on hold", if this is true, but maybe it is if they make it look like you requested it, I'm not entirely sure, I would appreciate input from someone that knows for sure if they would like to comment.

I'm going through with mine just the same, again DDD's decision has not changed at all, they are being forced to provide services due to the court order, they want their letters to still stand.

I was going through some notes I had from speaking with the Department of Education in Washington, DC when all of this started. Things were still hectic then, and I was just trying to gather information from anywhere I could find it. At that time they advised me to go through the procedural safeguards (I had forgot I even had a booklet, at the time we signed up, my son had just came home, was on oxygen, and I was operating on zero sleep) file for the due process hearing, and if my son's services were still not restored at that point, they would look at my filing a civil rights violation complaint with them. Again, I'm not a lawyer, but it sounds like there would be a pretty strong case with them if due process fails.

I'm willing to bet DES doesn't want any investigations of their program on the federal level, especially considering the fact that the Department of Health and Human Services just dinged them on some of their AHCCCS policies.


We'll see.