FTCE Exceptional Student Education (ESE) K-12 Practice Test

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What does Public Law 99-372 allow parents to do if they are unsuccessful in due process hearings?

  1. Seek recovery of attorneys' fees

  2. Request additional special education services

  3. File complaints against school administrators

  4. Access independent educational evaluations

The correct answer is: Seek recovery of attorneys' fees

Public Law 99-372, also known as the Handicapped Children's Protection Act, allows parents to seek recovery of attorneys' fees if they are unsuccessful in due process hearings. This law was designed to ensure that parents have the resources to advocate for their children's educational needs effectively. When parents engage in due process hearings regarding disputes related to the provision of special education services, the financial burden of legal representation can be significant. The ability to recover these fees provides parents with a necessary means of support, enabling them to pursue their legal rights without the additional stress of unavoidable costs. This is especially important in special education cases, where parents may feel powerless against school systems with more resources. Other options such as requesting additional special education services or filing complaints against school administrators do not relate directly to the legal provisions regarding attorneys' fees. Additionally, while accessing independent educational evaluations is a critical aspect of the special education process, it does not pertain to the recovery of legal costs after a due process hearing. Therefore, the correct answer reflects the specific legal provision in Public Law 99-372 that recognizes the right of parents to seek reimbursement for their legal expenses.