URGENT: DUE PROCESS HEARINGS PLEASE FILE FOR ONE!!!!!!!

Okay, in talking with a lot of different people, I've found out that only about 100-200 due process hearings have been filed out of the approximate 4,000 of those who lost services. There have been remarks that most of us must not care too much if we don't file for one, this number is very low to me, my theory is that a lot of people have been filing for the "Administrative Review" in their letters instead of the due process hearings. I have confirmed with various sources that these are DEFINITELY NOT THE SAME THING! Not even close. Many agencies are asking people to not file for an "Administrative Review" even if you have, you need contact AZEIP to make sure you receive, fair, legal, mandated due process. This is the only way for you to assert your rights and the rights of your families, this is something that we all can do.

I know services have stayed in place but this is only due to a TEMPORARY INJUNCTION from the court, it is not permanent by any means, our services are not safe. We still need to keep going and if we wait, it might be too late. PLEASE FOLLOW THROUGH WITH THE HEARING EVEN IF YOUR SERVICES HAVE BEEN RESTORED.

I know this has been an emotionally exhausting time, and I know that we dread what would go on in a hearing and fear the outcome would not be positive. For a lot of us including myself, this has been traumatic to say the least, I know we have been feeling devastated, hopeless and helpless, very reminiscent of when our children received a diagnosis, or when we found out we would not have the "normal" lives we had come to expect. Even though it feels the same THIS IS NOT THE SAME. We can and should try to DO something about it, there is HOPE. Don't give up! We have faced things other people could not begin to comprehend, we have survived, and thrived, and we are much stronger and tougher than we are given credit for, or that we even give ourselves credit for. WE CAN FIGHT THIS!!!!! I am going to fight this for as long as it takes, I will not give up, period. I will do whatever I can to support anyone who wants to fight too.

PLEASE PLEASE Contact AZEIP. I believe the yahoo group on my sidebar has template posted already for what should be said, copy and paste it to a word document, fill in the blanks, print it and then snail mail it via us post office. If you need a hard copy because you don't have a printer, let me know and I will put you in touch with someone that can mail you a hard copy (just post something, it sends me a message, I moderate all comments, so if you don't want the message posted publicly just let me know)

I know the hearing sounds intimidating, but keep in mind these were structured with the thought in mind that parents are not attorneys, they are meant to be accessible and unintimidating. I had some transportation and childcare concerns, I have been told by AZEIP that the hearing can be conducted by telephone as well, you don't need to travel to a courthouse if you don't want to. I will post the form below and in a separate post


_______________, 2009
Molly Bright Part C Coordinator DES/AzEIP
Arizona Early Intervention Program
Department of Economic Security
3839 N. 3rd Street Suite 304
Phoenix AZ 85012

Dear Ms. Bright: My child, _______________ whose date of birth is___________, is a child with a disability who has had an IFSP since _______________ through AzEIP¡¾only, DDD¡¾state¡¾only, DDD¡¾ALTCS, or ASDB (circle one). I am writing to request a due process hearing under 34 CFR 303.429 and 34 CFR 303.420, it is my understanding that a hearing officer should be appointed and the matter should be heard and decided within 30 days, during that time my child must continue to receive the appropriate early intervention service(s) being provided under the last agreed upon Individual Family Service Plan, as noted in AzEIP’s procedures, during the pendency of the due process proceeding. DES/AzEIP has violated IDEA Part C by failing to provide appropriate services for my child with a disability by proposing to eliminate or reducing the following services included on my child’s IFSP __________________________________________________________________________ ______________________________________________________________________________ ___________________________________________________________________________________________________________________________________________________________. Furthermore, I was not afforded the opportunity to participate in a meeting to discuss the proposed elimination or reduction of services and did not receive a prior written notice (PWN) or procedural safeguards. 34 CFR 303.403(a). The remedies that I seek include: the continuation of services during the pendency of the due process complaint, compensatory services or funding for any services missed or not provided, and immediate approval for reinstatement of the eliminated/reduced services. Further, I request the opportunity to review my child’s record pursuant to FERPA.

Sincerely,
Address:
Phone: