why you needs a special education lawyer

by Alana Marks 6 min read

When the school is not providing services to your special needs child, you need a special ed attorney. A special ed attorney can help you navigate the laws that protect your child’s legal and constitutional right to receive an education in the least restrictive setting.

Full Answer

Do I need a lawyer for my special education child?

Oct 04, 2016 · It’s possible you’re unaware of the school district’s responsibilities to your child. You may think the process is intimidating or overwhelming. This is where a special education lawyer may make a huge difference. By consulting with a special education attorney, you can get a clearer picture as to whether or not the school district is acting within the law as it pertains to …

Should I hire an attorney to advocate for my child?

Jun 09, 2020 · When the school is not providing services to your special needs child, you need a special ed attorney. A special ed attorney can help you navigate the laws that protect your child’s legal and constitutional right to receive an education in the least restrictive setting.

Should I hire a lawyer for school-related issues?

Our goal is to help parents of children with disabilities obtain a free and appropriate public education through the special education process. Why Should You Hire A Special Education Attorney? You should consult an attorney on special education matters. When you cannot reach agreement at the Individualized Education Program (IEP) meeting; When the school district …

Do I need a lawyer for a school district lawsuit?

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How to hire a special education attorney?

Why Should You Hire A Special Education Attorney? 1 When you cannot reach agreement at the Individualized Education Program (IEP) meeting 2 When the school district brings an attorney 3 When your child is not making appropriate progress 4 When you think your child is special education-eligible, but don’t understand or have the time to navigate the special education process or the district disagrees with you 5 If the school district has provided you with written notice refusing to provide a change to the IEP 6 If the school district has filed a special education complaint against you 7 If you need to appeal an administrative special education decision or order 8 If you wish to file a complaint against the school district 9 If your school district is failing to comply with the IEP 10 If you believe your child is being discriminated against 11 If your child is being recommended for expulsion or suspension 12 If your child is not being appropriately included in general education 13 If your child is failing 14 If your child is being bullied 15 If a settlement proposal is discussed 16 If you feel having counsel will better protect your rights during the meeting 17 If your child has been injured 18 If your child is struggling in school and you don’t know how to begin to help 19 If you as a parent are being retaliated against for your advocacy 20 When you want your IEP team or Section 504 plan team to work more collaboratively

What are the issues with special education?

Our attorneys also deal with such special education issues as: 1 Attendance at IEP meetings 2 IEP goal development 3 Transportation issues 4 Private school placement 5 IEP services 6 IEP placement 7 Eligibility and assessment 8 Behavior support 9 Manifestations hearings 10 Expulsion and suspension 11 Special education due process hearings 12 CDE complaints 13 OCR complaints 14 Uniform complaints 15 Records challenges 16 Home or hospital instruction 17 Challenges to suspensions 18 Appeals of special education decisions and orders 19 Compliance complaints for failure to follow the IEP 20 Transition services 21 Coordination of agency services to assist in ensuring that all appropriate agencies are working together to meet your child’s unique needs

What is FAPE in education?

Obtaining a free and appropriate public education (FAPE) for your child impacts his or her ability to pursue higher education and employment and gain independent living skills. Our team of San Francisco, Marin County and Los Angeles attorneys and advocates can help.

How can a lawyer help you?

A lawyer can provide advice and assistance as needed throughout the individualized education program (IEP) process while you do most of the work, or a lawyer can be directly involved as your formal representative.

How to get an IEP?

Here are some of the specific tasks a lawyer can help you with: 1 securing your child's school files 2 requesting an evaluation or an IEP meeting 3 preparing for the IEP eligibility meeting 4 preparing for the IEP program meeting -- including drafting parts of the IEP and suggesting what material will be most effective 5 attending an IEP meeting 6 reviewing evaluations and IEP forms before you sign them 7 researching a specific legal issue that applies to your situation 8 helping you informally resolve a dispute with the school district 9 assessing the strength of your case, if you're considering filing a complaint 10 preparing for and attending hearings 11 writing post-hearing briefs 12 preparing a complaint for you to file with the appropriate educational agency, and 13 representing you in court.

What is the complexity of a case?

Complexity of the case. The more complicated your case is, the more likely it is that you could benefit from some legal advice. A dispute involving complicated placement and service issues, for example, might require the special knowledge and experience of an attorney. Strength of your case.

Why You Might Need a Special Education Attorney

The special education system in New York is complex. Some attorneys claim school districts don’t know which services are required for students with special needs, while others say schools are deliberately not providing the services these kids deserve.

How a Lawyer Can Help Your Child

Often a lawyer is necessary to get your school district to do what it must, says Bernard A. Krooks, founding partner of Littman Krooks LLP and head of its special needs department.

Finding an Attorney

In his experience, the special needs community is a connected, supportive one, Krooks says. Information, such as lawyer recommendations, tends to get passed around quickly. “You can also use Facebook, discussion and support groups, or simply search online,” he adds.

Affording Attorney Services

An attorney might be necessary to go up against your child’s school—especially in wealthier districts where schools often have big law firms on retainer.

A Special Education Success Story

Alicia Lewis’s* 6-year-old daughter has global developmental delays and is largely nonverbal. She needs a very small classroom, autism-specific methodologies, and an individualized teaching approach. When the New York City Department of Education placed her in an inadequate school last fall—twice—Lewis realized she needed the help of an attorney.

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:

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