Federal and State law mandate that students with special education needs must receive a free and appropriate public education under the Individuals with Disabilities Education Act. If a child is eligible for special education and services, the student is entitled to an individualized education program (IEP). A student is eligible when because of mental, physical, or emotional reasons, the student has been identified as having a disability and requires special services.

 

A student’s IEP must be reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances. Parents have the right to be meaningful participants in IEP meetings amongst other rights relating to their child’s education. Seeking the advice of an attorney can help ensure that the IEP process is fair, safeguard a child’s rights, and ensure that a child receives the support and services required under the law.

 

A special education attorney has four main roles:

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• Help students and their families obtain comprehensive independent evaluations.

• Locate appropriate placement and obtaining funding.

• Obtain district funded compensatory services and locate providers.

• Advocate that any IEP includes appropriate services, accommodations, and modifications.

 

The special education process can have due process ramifications. Seeking the advice of an attorney early on in the process is thus important to ensure that the process is an open and cooperative one that involves parents and respects the child’s rights. Patrick Fischer can help with any of the following as it relates to your child’s educational needs.

 

• Advocating for appropriate services and accommodations.

• Seeking mediation to resolve disagreements between families and the school district.

• Representing the child’s interests at an impartial due process hearing.

• Appealing an adverse outcome of an impartial due process hearing to the State Review Officer.

• Challenging an adverse decision by the State review Officer by filing an Article 78 Proceeding in State Supreme Court or other appropriate litigation in Federal Court.