how to find a lawyer for special education

Find a lawyer who has direct special education expertise (not just theory, in practice too) Find a lawyer who is able to get along with your child, and understands their needs Understand how the services will be charged for Find a lawyer that you can get along with as well as your child can

Full Answer

How do I become a special education lawyer?

If you want to practice special education law, you might earn a bachelor’s degree in special education, or a behavior science discipline such as sociology, social work or psychology.

Do special education attorneys make less money?

While some special education attorneys earn less money than their colleagues who practice other types of law, they reap the emotional rewards of helping students with disabilities receive the education that the law requires of schools.

What does an education lawyer do?

They cover matters like educational standards, school district and school board authority, student attendance, discipline, and dress code requirements. An education lawyer advises school districts and school boards and represents them in disputes with students, teachers, and parents.

What kind of lawyer do I need to get an IEP?

Does primarily family law, for your IEP issue. Family law is stuff like divorce and custody issues. If you have a divorce issue with your IEP, then a family attorney would be appropriate. You want a lawyer who specializes in IEPs. Period. Special Education Law is certainly not one of the more ‘sexy’ practice areas for lawyers.

How a Special Education Lawyer Can Help

The first step in figuring out whether you should hire a lawyer to represent you and your child is to better understand what a lawyer will be doing for you. This can help you decide whether you want to tackle these issues yourself or leave it to a lawyer. Typically, tasks that a lawyer will perform include:

Deciding Whether You Should Hire a Special Education Lawyer

There are a variety of factors to consider when deciding whether to hire a lawyer to advocate for your child, but here are some of the most influential factors:

Tips for Selecting a Special Education Lawyer that Matches Your Needs

Finally, if you are going to hire a special education lawyer, here are some general guidelines to consider when hiring them:

What is the importance of hiring an attorney for special education?

One of the most important things to remember about hiring at attorney in the special education process – no matter who they are – is that the decision is one that cannot be undone. Once you’ve taken that step, you have changed the dynamic between your family and the school district. It’s not impossible to have a collaborative relationship between a family and a school after an attorney has been hired by the parents, but generally speaking the interaction between the school district and the family will be irrevocably altered as a result of the decision on the parent’s behalf to seek the support of an attorney.

What is the job of an attorney?

Your attorney’s job is to assess the facts of your case, help you identify a specific goal for your student, and provide a reasonable game plan for achieving that goal. You and your attorney need to be on the same page as far as the goal you are working towards, as well as the game plan to get to that goal.

How does communication affect an attorney?

This is also true on the parent or family side – communication is crucial to the success of your relationship and of your endeavor. The lack of communication – or the withholding of information – can significantly affect an attorney’s ability to do their job on your behalf. Your relationship will work much better if you are both on the same page – you have a realistic view of your child and the goals you would like to achieve, a realistic view of what this is going to cost you, and a realistic view of how long this is going to take.

Who is on the IEP team?

The IEP team must include at least one of the student's regular classroom teacher, a special education teacher, a psychologist or someone who can determine the educational implications of the evaluation, an administrator, and a qualified representative of the local education agency. The student's parents also may be part of the team.

What happens if a school district fails to provide FAPE?

Any agency, such as a school district, that fails to provide FAPE support to eligible students risks losing their federal funding. Complaints by parents and students are heard by the state education authority, which must hold an impartial meeting about the complaint.

What rights do parents have under Idea?

The parents of disabled children also have certain rights under IDEA, including the right to review all school records, the right to be an equal member of the IEP team, and to suggest an alternative to the IEP when necessary. Each child who qualifies for special accommodations under the law is entitled to an IEP.

What is the purpose of FAPE in special education?

Central to this law is the concept of providing a "Free Appropriate Public Education" (FAPE) with the goals of preparing disabled children for additional employment and independent living. The law, applicable to children aged three to 21, provides individualized educational programs.

What is an IEP?

Individualized Education Plans (IEP) Each child who qualifies for special accommodations under the law is entitled to an IEP. This plan details the child's performance level, how his or her disability affects academic performance, and any accommodations that must be provided for the student.

Do students need special accommodations?

Some students require special accommodations at school, and laws have been passed to ensure students get the access and assistance they need. Ensuring these laws are followed is the responsibility of school officials. This sections provides articles and resources to help you with a wide variety of special education topics -- including ...

What should I look for when choosing a lawyer?

The lawyer will be helping you solve your problems, so the first qualification is that you must feel comfortable enough to tell him or her, honestly and completely, all the facts necessary to resolve your problem. No one you listen to and nothing you read will be able to guarantee that a particular lawyer will be the best for you; you must judge that for yourself.

Is there a free legal aid program?

Several legal assistance programs offer inexpensive or free legal services to those in need. Look in the yellow pages under topics such as “legal clinics,” “legal aid,” or “legal advice,” or search online. Most legal aid programs have special guidelines for eligibility, often based on where you live, the size of your family, and your income. Some legal aid offices have their own staff lawyers, and others operate with volunteer lawyers. Note that people do not have a right to a free lawyer in civil legal matters.

Do legal aid offices have their own lawyers?

Some legal aid offices have their own staff lawyers, and others operate with volunteer lawyers. Note that people do not have a right to a free lawyer in civil legal matters. I have been accused of a crime, and I cannot afford a lawyer.

Do lawyers use ads?

In some ways, yes, ads are useful. However, always be careful about believing everything you read and hear — and nowhere is this truer than with advertisements. Newspaper, telephone directory, radio, television, and Internet ads, along with direct mail, can make you familiar with the names of lawyers who may be appropriate for your legal needs. Some ads also will help you determine a lawyer’s area of expertise. Other ads will quote a fee or price range for handling a specific type of “simple” case. Keep in mind that your case may not have a simple solution. If a lawyer quotes a fee, be certain you know exactly what services and expenses the charge does and does not include.

What an Education lawyer can do for you

Education lawyers represent school districts and school boards in disputes with students, teachers, and parents, and they also help parents who have issues with their child’s education.

Why hire an Education attorney

Education laws relate to how our schools operate. They cover matters like educational standards, school district and school board authority, student attendance, discipline, and dress code requirements. An education lawyer advises school districts and school boards and represents them in disputes with students, teachers, and parents.

Did you know?

Cyberbullying is one of the most common types of bullying between teens. About 80 percent of all high school students report being bullied online.

IEP Attorney

For many families, there comes a time in your IEP journey that you and the school reach an impasse. You’ve gone back and forth and had many meetings over many months. Now, you’re staring down an IEP that you don’t think is sufficient for your child.

How to Become a Special Education Attorney

Obviously, they need to be lawyers, admitted to the bar in your state. But that’s only a starting point.

Finding a Special Education Attorney

You want an attorney who works for parents, not districts. If the attorney is doing both, I personally would not choose them if I had other options. In my mind, they will be biased.

What Does a Special Education Lawyer Do?

Special education lawyers practice a highly specialized form of law that focuses on the needs of disabled children and the laws that govern their education.

What skills do special education lawyers need?

Special education lawyers must have good research skills and the ability to understand complex medical, physical, behavioral, learning and emotional disabilities.

How much do special education lawyers make?

However, according to the jobs website Indeed, special education attorneys in Los Angeles, California earned $57,000 to $133,000 in 2018. Salaries vary by location. For example, special education lawyers in Little Rock, Arkansas, earn an average salary of less than $72,000.

What law school offers special education?

Some law schools provide specialized coursework in special education law. For example, Whittier Law School in Costa Mesa, California, offers its students a special education clinic. The program immerses students in special education law by enabling them to work with real clients. Under the supervision of a licensed special education attorney, students participate in mediation sessions, file noncompliance complaints and present IDEA workshops with parents. They also learn how to interview disabled children and interpret psychological and educational examinations.

What tests are used to determine if a child has a developmental disability?

Professionals use a number of assessment tools to determine if a child has a developmental, behavioral or learning disability, including the Iowa Test of Basic Skills, Denver Developmental Screening Test II, Wechsler Intelligence Scale for Children, Peabody Individual Achievement Test and state standardized tests.

How long does it take to become a special education lawyer?

Special Education Lawyer Education Requirements. The steps to becoming a lawyer include earning a four-year degree from a college or university and a Juris Doctor degree from a law school. Typically, bachelor’s degree programs take four years to complete.

How do school officials and parents settle disputes?

In many cases, school officials and parents settle their disputes through mediation, during which a special education attorney presents the case for the student she represents. The role of a special education lawyer requires knowledge of the law and the needs of each of his disabled clients.