When advocacy alone isn't enough, what comes next? In this episode of Special Education Boss® with Karen Mayer Cunningham, Karen talks with special education attorney Maria McGinley about due process, dispute resolution, and what every parent and advocate should understand before a dispute escalates.
Maria brings a rare perspective: she is a former special education teacher, a practicing special education attorney, and a parent who has sat at the IEP table herself. This is an honest, practical conversation about the system most families hope they never have to use, and how to be prepared if they do.
This is educational training, not legal advice.
CHAPTERS
00:00 Welcome and meet attorney Maria McGinley
01:00 From special ed teacher to special education attorney
06:00 Dispute resolution options, and why advocacy comes first
08:00 Due process isn't about winning, you go back to the same table
11:00 The real emotional and financial toll of due process
12:00 Why the paper trail is your evidence
22:00 What a hearing costs, how long it takes, and affidavit testimony
26:00 Reviewing your IEP and responding to deliberations in writing
30:00 Q&A: funding, advocates vs. attorneys, and prevailing
36:00 Endrew F. and what meaningful progress really means
53:00 Burden of proof: when the district has to prove FAPE
1:02:00 IEEs, neuropsych evaluations, and recording IEP meetings
1:14:00 Extracurriculars, protecting teachers, and how to reach Maria
ABOUT KAREN
Karen Mayer Cunningham is Special Education Boss®, founder of Special Education Academy™, and the bestselling author of The Epic IEP™. She trains everyone at the IEP and 504 table to navigate and negotiate successful student outcomes.
GUEST
Maria McGinley, Esq. — mlgsped.com
QUESTIONS
Email our team at advocate@specialeducationacademy.com
LISTEN TO THE PODCAST
Apple Podcasts: https://podcasts.apple.com/us/podcast/special-education-boss-with-karen-mayer-cunningham/id1805933912
Spotify: https://open.spotify.com/show/03I43tikXlYvR6xIe3F24w
Buzzsprout: https://specialeducationboss.buzzsprout.com
iHeart: https://iheart.com/podcast/271518986/
Amazon Music: https://music.amazon.com/podcasts/d75378a3-0f8b-4fd1-989b-67a5723b5377
CONNECT
Website: https://specialeducationacademy.com
Facebook: https://www.facebook.com/SpecialEducationBoss/
Instagram: https://www.instagram.com/specialeducationboss/
TikTok: https://www.tiktok.com/@specialeducationboss
LinkedIn: https://www.linkedin.com/in/karen-mayer-cunningham-10888127/
X: https://x.com/SpecialEdBoss
When we get it right for the child, we get it right for everyone.
— Karen Mayer Cunningham
#SpecialEducation #DueProcess #IEP #SpecialEducationAdvocacy #FAPE #IDEA #SpecialEducationLaw #IEPMeeting #ParentAdvocate #KnowYourRights
Maria brings a rare perspective: she is a former special education teacher, a practicing special education attorney, and a parent who has sat at the IEP table herself. This is an honest, practical conversation about the system most families hope they never have to use, and how to be prepared if they do.
This is educational training, not legal advice.
CHAPTERS
00:00 Welcome and meet attorney Maria McGinley
01:00 From special ed teacher to special education attorney
06:00 Dispute resolution options, and why advocacy comes first
08:00 Due process isn't about winning, you go back to the same table
11:00 The real emotional and financial toll of due process
12:00 Why the paper trail is your evidence
22:00 What a hearing costs, how long it takes, and affidavit testimony
26:00 Reviewing your IEP and responding to deliberations in writing
30:00 Q&A: funding, advocates vs. attorneys, and prevailing
36:00 Endrew F. and what meaningful progress really means
53:00 Burden of proof: when the district has to prove FAPE
1:02:00 IEEs, neuropsych evaluations, and recording IEP meetings
1:14:00 Extracurriculars, protecting teachers, and how to reach Maria
ABOUT KAREN
Karen Mayer Cunningham is Special Education Boss®, founder of Special Education Academy™, and the bestselling author of The Epic IEP™. She trains everyone at the IEP and 504 table to navigate and negotiate successful student outcomes.
GUEST
Maria McGinley, Esq. — mlgsped.com
QUESTIONS
Email our team at advocate@specialeducationacademy.com
LISTEN TO THE PODCAST
Apple Podcasts: https://podcasts.apple.com/us/podcast/special-education-boss-with-karen-mayer-cunningham/id1805933912
Spotify: https://open.spotify.com/show/03I43tikXlYvR6xIe3F24w
Buzzsprout: https://specialeducationboss.buzzsprout.com
iHeart: https://iheart.com/podcast/271518986/
Amazon Music: https://music.amazon.com/podcasts/d75378a3-0f8b-4fd1-989b-67a5723b5377
CONNECT
Website: https://specialeducationacademy.com
Facebook: https://www.facebook.com/SpecialEducationBoss/
Instagram: https://www.instagram.com/specialeducationboss/
TikTok: https://www.tiktok.com/@specialeducationboss
LinkedIn: https://www.linkedin.com/in/karen-mayer-cunningham-10888127/
X: https://x.com/SpecialEdBoss
When we get it right for the child, we get it right for everyone.
— Karen Mayer Cunningham
#SpecialEducation #DueProcess #IEP #SpecialEducationAdvocacy #FAPE #IDEA #SpecialEducationLaw #IEPMeeting #ParentAdvocate #KnowYourRights