Understanding Special Education Law
Several of the attorneys at Family Legal Advocacy Group are former educators with years of experience working with disadvantaged and special education students. We combine the knowledge of an educator with the advocacy skills of an attorney.
Education is the key to any child’s future. While prosperity often yields opportunity and poverty signifies struggle, education is the bridge that unites all socioeconomic groups, provided that proactive, assertive, knowledgeable parents and guardians actively hold their child’s school system, and in particular their individual school, accountable.
This is particularly important when your child has special needs.
In such instances, it is of utmost importance that there is a voice for the child advocating for a free, appropriate public education as mandated by the Individuals with Disabilities Education Act.
While there should be consistency regarding educational services for special education students, the reality is that:
- resources
- class size
- competency of the educator
- lack of safeguards within the special education system
all impact the identification of special education students and the services provided to them.
If you believe that your child is not succeeding academically, it is important that you request that your child be tested to determine whether they have any qualifying condition that would entitle them to special education services. If they have a qualifying condition, their school must develop an Individualized Education Plan/Program (IEP) that specifically addresses their special needs through implementation of specialized services.
Most parents:
- are not special education teachers
- do not have extensive educational training
- have not studied special education law
In such instances, you are at the mercy of a school system that may allow your child, who is most in need of services, to fall through the cracks and have no opportunity to make progress toward his or her full potential. To ensure your child receives the services to which they are entitled, an attorney advocate can be extremely helpful to your child’s educational success.
How Family Legal Advocacy Group Can Help
Family Legal Advocacy Group’s attorneys are experienced educators and advocates for services for your special needs child.
Education cases do not have to be adversarial. Often, identifying and communicating problems to your child’s special education team will yield positive actions from your child’s school. This is how an attorney can be a valuable resource.
FLAG attorneys will assist parents or guardians in ensuring that the school:
- provides testing for your child
- implements an appropriate IEP, if applicable
- complies with all terms of the IEP
- is in compliance with the federal law on special education
- is not acting in an unreasonable, confrontational, superiority-based manner that requires a due process hearing
Often, children receive the most benefit from advocates that ensure compliance with the law rather than spending months preparing for trial after the school system has violated the law. The safeguards are in place; you must hold all parties accountable.
There are instances where schools are either violating the law and refusing to implement corrective action or continuing to act in a manner that necessitates a due process hearing. In such instances, FLAG attorneys are prepared and experienced in presenting your cases before an administrative law, circuit or federal court judge.
Your child has a right to be educated and make progress towards his or her educational potential.
Contact Us Today at (410) 884-0400 for Your Confidential Consultation!
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