Supporting parents of students with disabilities through
HB23-1168
This page does not convey legal advice, and nothing on this website should be considered an analysis, evaluation, or counsel in relation to individual circumstances or the law.
Under the Individuals with Disabilities Education Act (IDEA), either a parent/guardian or a school district can file two types of complaints should the party feel the other has violated the law: a State Complaint, filed with the Colorado Department of Education (CDE), or a Due Process complaint, which proceeds through the Office of Administrative Courts.
Should a parent/guardian file a State Complaint, IDEA and CDE regulations are clear: There are no means to appeal the findings and order at the conclusion of the investigation and determination. However, either party retains the right to file a Due Process Complaint on the same issue. This has resulted in situations where a parent/guardian filed a State Complaint on behalf of their student with a disability, won a favorable decision from the CDE state complaints officer, and then has to defend the CDE decision in administrative court and before an administrative law judge (ALJ) because the school district filed a Due Process Complaint to reverse or overturn the CDE state complaints officer's order.
In 2023, the Colorado Legislature recognized this loophole.
This created a chilling effect, preventing parents and guardians from advocating for their students with disabilities. While United States Congressional action will be required to address the loophole itself, the Colorado Legislature passed a bill, signed by Governor Jared Polis, establishing a pool of funds to support parents/guardians finding themselves in these narrow circumstances.
These funds pay for attorneys to represent parents/guardians forced to defend a favorable State Complaint outcome because a school district filed a Due Process complaint on the same issues and with the explicit intent to overturn or reverse CDE's decision and order on the State Complaint. This is to make sure parents are not forced to shoulder the burdens of full litigation when they had chosen a method of advocating for their students that might not otherwise require as much time, as many resources, or the support of legal representation.
This is about justice.
These funds are limited only to these narrow procedural circumstances.
Funds only cover representation provided by the attorneys who agreed to accept these cases on a reduced fee schedule and on a rotating basis through a contract with Student Defense Alliance. SDA holds an exclusive contract with the Colorado Department of Education to oversee this program. The attorneys listed below agreed to accept these cases on a rotating basis. No other attorneys will be covered by this pool of funds. If you have a preferred attorney who is not listed below, please ask them to immediately contact Student Defense Alliance.
Please contact Student Defense Alliance through the form below so we can determine whether you are eligible for representation under these limited circumstances. Note: We cannot guarantee you will receive representation from your preferred attorney on this list, as attorneys are assigned on a rotating basis and depending on their availability and clearing of a conflict check.
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Jennifer Levin
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Jack Robinson
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Elie Zwiebel
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Lynnie Lucas
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Anna Harvey