what does a special education lawyer do in an iep meeting

In some situations, you may decide you need to have a special education attorney participate in your child’s IEP meeting not to be confrontational, but to bring another level of attention to your child’s needs. Your lawyer first and foremost is there to help the IEP team move forward toward a positive result for your child.

Full Answer

Do special education attorneys attend IEP meetings?

I am an attorney practicing Special Education. I do not attend IEP meetings. We have an advocacy service and an advocate attends IEP meetings with parents. In our district, when an advocate from our advocacy service attends an IEP meeting, the district makes sure their attorney is also present. The parents request that the school attorney leave.

How can a special education teacher help with my child’s IEP?

If you have questions at any point during the IEP creation process or its subsequent implementation, the special education teacher is your best source of answers; they can help revise or reevaluate your child’s goals as the year progresses, should it be needed.

What is the role of an advocate in an IEP meeting?

We have an advocacy service and an advocate attends IEP meetings with parents. In our district, when an advocate from our advocacy service attends an IEP meeting, the district makes sure their attorney is also present. The parents request that the school attorney leave.

What is the law for special education IEPs?

Understanding IEP Law and Special Education. The basis for most IEP law is found in three federal statutes, The Individual with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and the Family Educational and Privacy Rights Act. IDEA is a federal law binding in all states.

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 Is an Individualized Education Program (IEP)?

The term “individualized education program” or “IEP” means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with the IDEA.

Who Is on the IEP Team?

An IEP Team includes the student’s parents, teachers, qualified special education professionals, and other individuals or personnel who know the student. If appropriate, the student can also be on the team.

What Does an IEP Include?

A statement of the child’s present levels of academic achievement and functional performance

How Long Is an IEP in Effect?

Under 20 U.S. Code § 1414, an IEP team is required to review a child’s IEP at least annually to determine whether the annual goals for the child are being achieved and to revise the IEP as appropriate to address issues such as;

Procedural Safeguards

Under Md. Code, Education Law § 8-405 (b), when a team of qualified professionals and the parents meet for the purpose of discussing the identification, evaluation, educational program, or the provision of a free appropriate public education of a child with a disability, you have important rights, including;

Additional Requirements for Parental Consent in Maryland

Under the IDEA, parental consent is required for a child’s initial evaluation, the initial provision of special education services, and reevaluations. Parents have the right to revoke consent in writing.

Why do parents request that the school attorney leave?

The parents and the advocate leave because of the hostile adversary environment. The IEP is held without the parents.

What happens when parents walk out of a meeting?

When parents walk out of a meeting and refuse to participate, some courts have held that against them. By walking out, they waived their right to participate. When the school board sends their attorney when they know an advocate will attend a meeting, this tells me that they are fearful of the advocate. The advocate has more power ...

Can a school board attorney be a complaint?

No, the presence of a school board attorney is not cause for a due process complaint. The Feds have pretty consistently said that it is up to either the parent or the school board to determine if a person has special knowledge that permits them to attend. This came up in the Commentary re: new special ed regs.

Can an attorney represent a party in a civil suit?

If an attorney witnesses an automobile accident, that attorney cannot represent either party in a civil suit. In your situation where the school board attorney represents the district, that attorney is at risk of violating the State Bar’s ethical rules.

Is an attorney at risk for a witness at a DP hearing?

If the case goes to a due process hearing and if the attorney was an active participant in the IEP meeting, then the attorney is at risk for being called as a witness at the DP Hearing. This legal principle is the same in other areas of law.

What is an IEP?

Individualized Education Program (IEP)#N#The IEP must be written at least annually for all children with disabilities. The IEP team consists of those who have assessed the child, school support personnel, a school administrator, general and special education teachers and the child’s parents or legal guardian.

What is the basis for IEP?

The basis for most IEP law is found in three federal statutes, The Individual with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and the Family Educational and Privacy Rights Act. IDEA is a federal law binding in all states. State law can mandate more protection than IDEA but not less.

What are the rights of a parent in an IEP?

IEP law is very complex and always changing. Your rights as a parent are called procedural safeguards and are outlined in IDEA. Unfortunately, they are often handed to you at the IEP meeting. You can request a copy of your rights before the IEP meeting or before you request an formal evaluation.

What is due process in IEP?

Due Process: Due process rights ensure that no changes can be made in a child’s program without prior notice to the parents. Further, due process provides a mechanism for the resolution of disagreements. IEP law is very complex and always changing. Your rights as a parent are called procedural safeguards and are outlined in IDEA.

Is Idea a federal law?

IDEA is a federal law binding in all states. State law can mandate more protection than IDEA but not less. Each state uses different criteria to determine programs and guidelines for qualifying students for special education.

Does the Idea reauthorization change the learning disability identification process?

IDEA reauthorization changed the learning disability identification process, which now requires higher qualification standards for special education teachers, stipulated that all students with disabilities participate in annual state testing.

How to be at an IEP meeting?

For someone to be at the IEP meeting, they must appear on the prior written notice of the meeting (the invitation). This rule applies for BOTH parent and school. So what do you do if someone is on the invitation for the meeting that you do not approve of? Contact the school immediately and request information about why that person needs to be at the meeting. If necessary, tell them you will not accept that person being at the meeting. Legally the meeting cannot occur until a compromise is reached either informally or via due process.

How to ask a NJ district attorney?

As a NJ resident, I have recommended to parents to quiz the district’s attorney as to his/her knowledge of the child. If they don’t have the knowledge, then either request they be barred from the meeting or make no statements specific to the child, only on points of law. #N#2. Also, give the district notice that you will be tape recording the meeting especially if they are bringing an attorney.#N#3. As an advocate I have experienced that there are some NJ districts that state verbally, but not in writing as a real policy, that the district brings their attorney if the parent brings an advocate. (Now really, the district should be embarrassed about their knowledge of the law.)#N#4. In NJ, while the district must give written notice of who they bring, the parent does not. I tell my clients to tell if I am coming b/c some will cancel mtg

Do attorneys have to cross exam IEP?

At the very least, if attorneys are attending IEP’s on behalf of school districts, they should be subject to cross examination in any subsequent due process proceeding. (Which usually means under the attorneys code of professional conduct they cannot also represent the district). However, that was not the recent ruling in a case I had with our school district. The attorney, though claiming special knowledge about the child, was not required to share what that knowledge was though he was permitted to participate in making decisions regarding the child’s IEP. Instead, it was determined that the district’s special education supervisor could state what it was the attorney knew! (hearsay?)

Should lawyers be involved in an IEP?

No lawyers should be involved unless the IEP goes to fair hearing! the IEP needs to be a work in progress whereby BOTH parties MUST uphold their end of the bargain in implementing educational goals. They MUST work together! Lawyers on both sides get in the way! REMEMBER, it is about the child NOT about the district or the parent! This always seems to get lost in the contest between the two…who is going to get the most out of the other, especially in the high school setting where the buck stops! Too many times the child and parent as well as the district have not pushed the child hard enough to achieve because none were truly held accountable and finally graduation is around the corner and the student is not ready to graduate, to transition to REAL life and it all gets dumped in an iep at the high school. NICE!

Is it a meeting when a lawyer scripts out everything?

Its not a meeting when the lawyer scripts out everything and goes into a monologue dictating terms just to say that a meeting did happen. The slandering of your character when you object to such treatment is typical of their training.

Can a school system afford an attorney?

School systems in mostly rural areas know that many parents are ignorant and cannot afford an attorney . Other parents are up on the laws in I.E.P. and it depends on the money factor.

Can a school district attorney attend an IEP meeting?

I think what is being misunderstood here is that the school district attorney (1) will typically not attend an IEP meeting unless the parents have indicated that they intend to bring their attorney to the meeting, and (2) no attorney – whether for the school district or for the parent – is considered a member of the team. The school district attorney is just that … legal counsel to the school district re: compliance with IDEA … and cannot be cross-examined at a due process hearing.

What is the role of a teacher in an IEP meeting?

A teacher’s role during the IEP meeting is to provide information regarding your child’s present levels of academic performance, the educational goals that need to be met during the school year and what they feel your child’s individual strengths and weaknesses will be on the whole, as well as per subject.

What is an IEP?

An Individualized Education Plan, often referred to by the acronym IEP, is an education plan that is designed around your child’s unique needs and is designed to help your child reach obtainable goals within the given school year.

What should be included in an IEP meeting?

The initial IEP meeting should include not only special education teachers but those who are responsible for the general school population, as well. If your child will be participating in some inclusive activities during the school day, this means all teachers need to be aware of your child’s unique situation and circumstances.

What is special education resource?

Special Education Resource is your go-to source for all information related to special education.

Who is the best source of answers for IEP?

If you have questions at any point during the IEP creation process or its subsequent implementation, the special education teacher is your best source of answers; they can help revise or reevaluate your child’s goals as the year progresses, should it be needed.

Do special needs teachers have a hand in providing education?

Many people will have a hand in providing your child with special needs the best education possible, and none more so than the teacher themselves. Special education teachers have a specialized working knowledge of which educational practices benefit children with special needs, and which are simply not worth the time or effort.