FREQUENTLY ASKED QUESTIONS

A special education attorney is a legal professional who specializes in helping children and their families navigate the special education system. They work towards inclusivity and equity by ensuring that all students receive the accommodations and services they need to succeed in school. These attorneys advocate for the child's rights during IEP meetings, help families understand their legal options, and provide representation in legal disputes. By working towards better futures for children with special needs, special education attorneys help to create a more inclusive and equitable education system for all students.

Enacted in 1975, the Individuals with Disabilities Education Act (IDEA) mandates the provision of a free and appropriate public school education for eligible students ages 3–22. Eligible students are those identified by a team of professionals as having a disability that adversely affects academic performance and as being in need of special education and/or related services. Parents are essential members of this team and offer a unique and important perspective in assessing their child’s strengths and weaknesses and their ability to access the curriculum.

An Individualized Education Program (IEP) is a legal document that outlines the educational services and accommodations that a student with special needs or disabilities will receive in school. IEPs are crucial for these students as they ensure that they receive a fair and equitable education, as mandated by civil rights laws such as the Individuals with Disabilities Education Act (IDEA). IEPs are tailored to each student's unique needs and goals, and they provide a roadmap for teachers, parents, and other school staff to follow to ensure that the student is receiving the appropriate support to succeed academically and socially. Overall, IEPs are essential for promoting inclusivity, equality, and access to education for all students.

A 504 is a plan that enables a student to successfully access the curriculum in school through specific accommodations and/or related services. The 504 process is outlined by Section 504 of the Rehabilitation Act of 1973, which is a federal law that seeks to protect any student with a disability from discrimination as a result of his or her disability. Under the IDEA, every child is entitled to a free appropriate public education (FAPE) in the least restrictive environment. A 504 plan is a good option for students with disabilities who do not require specialized instruction but do need specific accommodations in order to receive FAPE and benefit from the same access to an education as their classmates. For example, accommodations can include extended time on tests, priority seating close to the front of the classroom, and check-ins from teachers.

An experienced attorney will provide you with a clear plan of action for the best outcomes. When you are advocating for your child alone, it can be overwhelming and emotionally draining. An attorney can improve the situation by providing support, guidance, and cooperative solutions.

Cooperation is the key. I work with the district’s attorney to open up channels of clear communication between parents and school personnel, to make sure you are aware of the rules and expectations surrounding your child's education.