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Case Result: Virginia Beach Public School Student Restored After Urgent Hearing

Oct 05, 2021
virginia beach public schools iep individualized education plan due process manifestation determination hearing

When Virginia Beach mom M.N. contacted our law firm last Friday, the situation was dire. Her son was facing long-term suspension from a Virginia Beach middle school that could have changed her son’s life forever.


We worked over the weekend to prepare for an urgent manifestation determination hearing the following Monday morning which would determine the trajectory of this child's education.


Said attorney Kelly Cournoyer who represented M.N. and her son, “When you hear the words ‘due process,’ most people automatically think of the court room. But, as lawyers, we know that ensuring due process is fundamental to fairness in all kinds of administrative hearings, from employment to student discipline.”   


After presenting our argument, the Virginia Beach school division agreed that the conduct in question was the direct result of the school division’s failure to adequately implement the child’s IEP or individualized education plan. Now, instead of facing suspension or change in placement, this student is back in school. And we’re elated for our client and his mother who can now focus on making a course correction.  


Learn more about individualized education plans or IEP from the Virginia Department of Education.  


And Contact Toscano Law Group today for a consulation to speak with an education lawyer. 


     

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