special education when do i need a lawyer

by Curtis Grady Published 2 years ago Updated 1 year ago 10 min read

What are the rights of a child with special needs?

Children's rights cover four main aspects of a child's life that apply equally to children with disabilities: the right to survive, the right to develop, the right to be protected from harm, and the right to participate.

What is the special education evaluation process for California?

Parents may request a referral for an evaluation (also known as an assessment) for special education by writing a letter to a child's teacher, principal or special education office. If a parent calls to ask for a referral, school staff must help the parent in putting this request in writing.

What is the least restrictive environment for a students with disabilities?

LRE means that a child with a disability must be educated within the same classroom as typical mainstreamed non-disabled peers to the fullest extent possible in order to ensure that a disabled child is receiving a free appropriate public education (FAPE).

What is California's special education law?

The IDEA requires: All children with disabilities are to be given a free appropriate public education (FAPE). Education and Related Services must be provided to children up to the age of 21 (California extends this to age 22).

What if parents don't agree with the IEP?

If you disagree with the IEP, then you need to verbally reject it. Doing this provides the school personnel the chance to rethink the services they are offering. If you still can't reach any kind of resolution after you have given your verbal intent, you have the option to accept or formally reject the IEP.

How many days does a school have to respond to an IEP request in California?

You have at least 15 days to respond to or approve the assessment plan. [Cal. Ed. Code Sec.

What is zero reject under IDEA?

1) Zero Reject is the principle that no student with a disability can be denied a free, appropriate public education. This is both a civil right under the equal protection doctrine and good social policy, grounded in the individual and social utilitarianism of educating all students.Jul 14, 2006

What is the disadvantage of inclusive education?

– Insufficient psychological readiness of students and teachers to study together with people with disabilities. In addition, there is the problem of negative attitudes of parents to the fact that their healthy children should study with children with certain disabilities.

How important is inclusive education?

Inclusive systems provide a better quality education for all children and are instrumental in changing discriminatory attitudes. Schools provide the context for a child's first relationship with the world outside their families, enabling the development of social relationships and interactions.

Does ADHD qualify for IEP?

The TDSB has stated that a student with ADHD may receive an IEP, if they are impaired, but will not allow an IPRC. This leaves the implementation of an IEP at the school's discretion and also allows it to be pulled at the school's discretion.Nov 20, 2020

How many IEP students can be in a classroom in California?

Optimum maximums should include:

A ratio of 8 students per 1 adult, with a maximum class size of 24, shall be maintained in preschool, under the direct supervision of a certificated teacher.

How do I get my child into special needs school?

Your child will need an Education, Health and Care plan, also known as an EHCP or EHC plan, to get into a SEN school. The local authority may give you a list of schools in your area or suggest schools they think will meet your child's needs. You can also ask the local authority for a list of suitable schools.Jul 30, 2021

What does a special education attorney do?

Your special ed attorney will review your child’s records and their Individualized Education Plan or Section 504 Plan. The attorney will write letters and file anything needed to secure your child’s rights in the IEP process.

What is the school to prison pipeline?

If your child is having behavioral issues at school the attorney can help your child avoid what is termed the “ school to prison pipeline .” This term is used to describe a national trend that pushes children out of school and into the legal court system . It begins when the child is young and experiences behavior problems at school.

What can an advocate do for an IEP?

(1) In other words, such “other individuals” can be advocates who are experts on your child’s diagnosis, testing methodologies or the requirements of 504 plans and IEPs. The advocate can help you prepare for an IEP meeting, accompany you to the meeting and take notes and assist you with interpreting test results.

What is the process of special education?

Briefly, the process usually follows these steps: (1) either the parent or a teacher notices some delays or challenges in your child’s learning process; (2) your child is identified or diagnosed with a disability that interferes with his or her education; and then ...

What is the 504 plan?

Briefly, the process usually follows these steps: (1) either the parent or a teacher notices some delays or challenges in your child’s learning process; (2) your child is identified or diagnosed with a disability that interferes with his or her education; and then (3) a 504 plan or IEP is developed for your child.

How to get a 504 plan for a child?

Briefly, the process usually follows these steps: (1) either the parent or a teacher notices some delays or challenges in your child’s learning process; (2) your child is identified or diagnosed with a disability that interferes with his or her education ; and then (3) a 504 plan or IEP is developed for your child. The process is designed to be “non-adversarial,” meaning the intention is for you and the school district to collaboratively develop an appropriate plan and services to help your child without the need for lawyers or court systems.

What is the IDEA?

The Individuals with Disabilities Education Act (IDEA) provides that parents are entitled to have “other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate” with them at IEP meetings.

Why do people hire advocates?

People also hire advocates for the simple reason that they are less expensive than lawyers. The old saying, “you get what you pay for” applies here. Perhaps Warren Buffet said it the best: “Price is what you pay. Value is what you get.” While many advocates receive excellent training or have substantial experience from being in the field of education, lawyers often have knowledge that you or even the best advocate won’t have. Beyond special education laws, lawyers understand legal procedure and evidence rules, have knowledge of the hearing officers and judges, have courtroom experience, know how to conduct direct and cross-examination of witnesses, know how to obtain critical documents through discovery and the Family Educational Rights and Privacy Act (FERPA), are proficient at locating witnesses and, perhaps most importantly, know how to make “the record” for appeal (if the case goes beyond a due process hearing). In addition, unlike lawyers, advocates are not required to take mandatory continuing legal education so they are informed on the latest laws and cases in special education.

Where is Robert Thurston?

Robert C. Thurston, Esq. focuses his solo law practice, located in Doylestown, Pa. , on special education law and children’s rights. He represents clients in Pennsylvania and New Jersey and assists colleagues and advocates all over the country. He has been in practice for 26 years and has appeared in courts in many states and even the Virgin Islands. His website is SchoolKidsLawyer.com, and he is an active member of the Council of Parent Attorneys and Advocates (COPAA), an organization for special education advocates and attorneys. He has two young children, the older of which has Asperger’s syndrome.

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 special education law?

Special Education Laws. Special education lawyers help children and young adults with disabilities get the educational services they are entitled to by law. Much of their work centers on the disability rights established by the Rehabilitation Act of 1973, often referred to as the Rehab Act.

How long does it take to become a lawyer?

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 long does it take to get a masters degree in law?

Earning a master’s degree might increase your chances of admission to law school. Law school programs take about three years to complete. Admission to law school can be a challenge, due to stiff competition from other applicants and strict admissions guidelines.

What is the test for a lawyer?

Most states require lawyers to pass the Multistate Bar Exam, a general test that covers laws and procedures. Typically, other types of examinations evaluate an applicant’s knowledge of state laws, legal processes and court procedures. Licensing requirements also include fitness and character qualifications.

What is the Drexel program?

The Drexel program helps lawyers gain a better understanding of the needs of students with disabilities, as well as special education law and policies. The National Special Education Advocacy Institute (NSEAI) offers Board Certified Education Advocate certification through a series of online webinars.