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 parent/guardian or school district feel the other has violated the law: A State Complaint filed with the Colorado Department of Education (CDE)or a Due Process Complaint, which will proceed through the Office of Administrative Courts.

Should a parent/guardian choose to file a State Complaint, IDEA and CDE regulations are clear: There are no means to appeal the findings and order at the end of a state complaints officer’s investigation and determination. However, either party retains the right to file a separate Due Process Complaint on the same issue. This has resulted in situations where a parent/guardian has filed a State Complaint on behalf of their student with a disability, has won a favorable decision from the CDE state complaints officer, and has then had to defend the CDE decision in administrative court and before an administrate law judge because the school district has filed a Due Process Complaint with the intent of reversing or overturning the CDE state complaints officer’s order.

In 2023, the Colorado Legislature recognized this loophole and how it chilled parents’ and guardians’ abilities to advocate for their students with disabilities. While United States Congressional action will be required to address the loophole itself, the Colorado Legislature passed a bill that Governor Polis signed into law 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 has filed a Due Process Complaint on the same issues and with explicit intent of overturning or reversing 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 have otherwise required as much time, as many resources, or the support of legal representation.

This is about access to justice.

These funds are limited to only these narrow procedural circumstances, and the funds will only cover representation provided by the attorneys who have agreed to accept these cases on a reduced fee schedule and on a rotating basis through contract with Transformative Justice Project of Colorado. Transformative Justice Project of Colorado holds an exclusive contract with the Colorado Department of Education to oversee this program. The attorneys listed below have 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 Transformative Justice Project of Colorado.

Please contact Transformative Justice Project of Colorado through the contact information below so we can determine whether you are eligible for representation under these limited circumstances.

NOTE: We cannot guarantee that you will receive representation from your preferred attorney on the list below as attorneys are assigned on a rotating basis and depending on both their availability as well as clearing of a conflict check.

Kate Gerland

Jennifer Levin

Jack Robinson

Matthew Sandler

Elie Zwiebel

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.