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Seattle Special Education Appeals Lawyers
When a school district fails, we help you fight back
If you’re a parent of a child with disabilities in Seattle and your school district isn’t meeting its legal obligation to provide an appropriate education, you may be feeling frustrated, overwhelmed, or even powerless. But here’s the truth: You have legal rights and options.
At Smith McBroom, we help parents just like you take the next step when the school system doesn’t follow the law. If you’ve already gone through a due process hearing and didn’t get the outcome you hoped for, an appeal might be your next move.
How can we help?
- What is a special education appeal?
- What are my child’s rights under federal and state law?
- When should I consider an appeal?
- How does the special education appeals process work in Seattle?
- What happens to my child during the appeal?
- Why do I need a Seattle special education appeals lawyer?
- What if I can’t afford an attorney?
- Do you have a Seattle special education appeals lawyer near me?
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What is a special education appeal?
A special education appeal is a legal challenge to a decision made during a due process hearing. If you filed for due process and the hearing officer ruled against you, or failed to provide a remedy that actually helps your child, you have the right to appeal that decision to a higher court.
Now, an appeal is not just a “redo” of your hearing. It’s a legal review of the decision to see whether the hearing officer made mistakes in applying the law or evaluating the facts. This is where our experienced special education attorneys come in. Appeals can be complicated, and your success will depend on how well the legal arguments are written and supported.
What are my child’s rights under federal and state law?
Under the Individuals with Disabilities Education Act (IDEA), every child with a disability is entitled to a free, appropriate public education in the least restrictive environment. If a school fails to follow IDEA, parents can file a due process complaint. If that doesn’t work, they can take the case further through an appeal.
In Washington State, special education laws closely follow federal rules, and parents can pursue appeals in either state or federal court.
When should I consider an appeal?
After a due process hearing, the hearing officer will issue a written decision. If you disagree with that decision, and you believe the officer misunderstood the law or overlooked important facts, you may want to appeal. Here are a few common reasons families consider appealing:
- The hearing officer misapplied the law or ignored key parts of IDEA.
- The decision didn’t address your child’s actual needs.
- The evidence you presented was misunderstood or unfairly excluded.
- The remedy offered (or denied) doesn’t solve the problem.
- The school district violated your child's rights, and that wasn’t fully recognized.
Remember, you don’t have to accept a bad decision. You have the right to challenge it.
How does the special education appeals process work in Seattle?
The special education appeals process has several steps, as follows.
Step 1: Review the hearing decision
Once you receive the hearing officer’s decision, your attorney will carefully review the findings, compare them with the evidence presented, and look for legal errors or procedural mistakes. In Washington, you have 90 days from the date of the decision to file an appeal.
Step 2: Choose where to file the appeal
In Seattle, you can file your appeal in:
- Washington Superior Court (typically King County Superior Court), or
- Federal District Court for the Western District of Washington
Our Seattle special education attorneys can help you decide which venue makes the most sense based on the facts of your case. Federal court may be a better option for cases involving complex legal issues or constitutional claims.
Step 3: File a civil complaint
Your appeal is filed as a civil lawsuit against the school district. This complaint will:
- Identify you and your child as the plaintiffs
- Name the school district as the defendant
- Explain the legal basis for the appeal
- Outline the specific errors made by the hearing officer
- State what relief or outcome you are asking the court to grant
This is a formal legal document and must follow strict rules. It’s not something you want to tackle alone. Our attorneys can help.
Step 4: The legal process
After the appeal is filed, the court process begins. Unlike the original hearing, no new evidence is usually allowed unless certain exceptions apply. Instead, the court will review:
- The administrative record (everything from the due process hearing)
- Written legal briefs from both sides
- Oral arguments, if the judge requests them
There is no jury in these types of cases. A judge decides the outcome.
Step 5: The judge’s decision
The judge will either:
- Uphold the hearing officer’s decision
- Reverse it in part or in full
- Remand the case (send it back for a new hearing)
If the judge rules in your favor, the court can order the school district to take specific actions, such as providing services, reimbursing private school tuition, or changing your child’s placement.
What happens to my child during the appeal?
Thanks to something called the “stay-put” provision, your child’s current educational placement must stay the same during the entire appeal process, unless you and the school district agree to a change. This rule protects children from being moved or denied services while a legal dispute is being sorted out.
Why do I need a Seattle special education appeals lawyer?
Appealing a due process decision is not like writing a letter or filing a complaint. It’s a legal battle that requires:
- Knowledge of both federal and Washington special education law
- Experience with courtroom procedures and legal writing
- The ability to build strong arguments and cite the right laws and cases
At Smith McBroom, our special education attorneys have helped families across Seattle and Washington State fight back when schools fail their students. We know how to spot errors in hearing decisions, how to craft strong appeals, and how to push for meaningful change in court. We’re not just lawyers. We’re advocates for your child.
What if I can’t afford an attorney?
We understand that legal fees can be a concern. However, under IDEA, if you win your appeal, the court can order the school district to pay your attorney’s fees. At Smith McBroom, we offer consultations and work with families to find solutions that fit their budget and needs.
Do you have a Seattle special education appeals lawyer near me?
Smith McBroom is located at 16400 Southcenter Parkway, Suite #210, Seattle, Washington, 98188. We’re right off I-5 and I-405, near Southcenter Mall. There is a bus stop near our office, and we offer free on-site parking.
Don’t let the system fail your child – call our Seattle special education appeals attorneys today
You shouldn’t have to fight this hard just to get your child the education they deserve. However, if the school district lets you down, you have the right to fight back. Appealing a due process decision isn’t easy, but it can be the path to getting your child the services and support they’re entitled to under the law. And you don’t have to do it alone. At Smith McBroom, we’re ready to stand by your side, challenge unfair decisions, and make sure your child’s voice is heard – loud and clear. You can take action today by calling our offices or filling out our contact form.