Legal Representation

Q: Do I have to be represented by an attorney at the due process hearing?

A: No, you may represent yourself. This is called proceeding pro se. You should familiarize yourself with the hearing procedures as set forth in the Special Education Dispute Resolution Manual.

Q: Can ODR give me advice?

A: ODR personnel cannot provide legal advice to parents or school districts. However, ODR personnel can provide information about due process procedural questions.

Q: How do I find an attorney to represent me?

A: The Pennsylvania Bar Association has information on attorneys who practice in the field of special education law and who may be willing to represent you.

Q: Who is responsible for the cost of my attorney?

A: If you choose to hire an attorney, you will be responsible for paying the attorney for his or her services. If you win the due process hearing, you have the right to seek reimbursement for the money you spent on attorney's fees through your local court system. You should consult with your attorney about the mechanisms for recovering fees. Neither ODR nor the Hearing Officer have jurisdiction over the awarding of attorneys' fees.

Q: What alternatives are available if I cannot find an attorney to represent me?

A: You may proceed pro se, that is representing yourself. You may also want to consider requesting Mediation, which involves an unbiased third party trying to help both sides reach agreement. Both sides must agree to mediate and attorneys are not permitted.