If a school corporation files a petition for review, the civil court judge will review all of the evidence in the case and make a determination in either the parents or the school’s favor.
The civil court judge can also, in their discretion, award reasonable attorney’s fees to the parents if they’re the prevailing party in the case. If the school is the prevailing party, the judge can order reimbursement of the school corporation’s attorneys fees, but only if they determine that the parents’ request for a due process hearing was improper and intended to harass or increase the school’s litigation costs.
It’s also important to note that under the Individuals with Disabilities Education Act parents must go through a due process proceeding before going to civil court.
Click on the below image to learn about a family's experience on this issue
Even though the hearing officer ruled in Caiden’s favor, Brandi still had to go to civil court for two reasons:
Brandi said it cost her nearly $500 to file for attorney’s fees in court.
The hearing officer ruled in Brandi’s favor in December 2018, and it took until June 2020 until the federal civil court handed down its ruling. A judge in the federal court upheld the decision, ruling in Caiden’s favor again, and ordering reimbursement for Brandi’s attorney’s fees.
The years-long legal battle cost hundreds of thousands of dollars, Brandi estimates. She had attorneys who were willing to take her case because they were confident she would prevail.
“It was hard, but I was also lucky. I know that that sounds asinine, but I was lucky. I've met people with the work that I do [who] are just railroaded because they don't have access. They don't know what to do. They're tired. Like they're more behind the eight ball than what I was,” Brandi said.
Caiden graduated from high school in May 2021.
“My son was asked to come back and coach the Carmel High School unified flag football team next year. They wanted to put him in a residential [facility], and he is going to be back on that field … helping teach Carmel High School unified flag football. That's huge,” Brandi said.