Special Education Law
If your child's disability is affecting their education, they may be eligible to receive services under the IDEA (Individuals with Disabilities Education Act) or Section 504 of the Rehabilitation Act of 1973.
The IDEA requires public schools to locate and identify children with disabilities who may need specialized education. These children must "have available to them a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living " 20 U.S.C. 1401(d). Children with disabilities must "to the maximum extent appropriate [be] educated with children who are not disabled." 20 U.S.C.1412(a)(5).
Fee Structure:
Unlike most areas of the Law, parents of a disabled child may recover Attorneys Fees from the school district, if they are determined to be the "Prevailing Party."
Although the Fee Structure in each case is determined by Agreement, your Child’s case may be appropriate for a Full or Partial Contingency Fee Agreement, whereby the attorney fee is paid fully or partially through federal IDEA funding through the local school district, not by you.
PARENTS RESOURCES
The Individuals with Disabilities Education Act (IDEA) is the federal law that guarantees an individualized education program for children with special needs. It ensures that each child receives an Individualized Educational Program (IEP) for a free, appropriate public education (FAPE).
Individualized Education Program
The IEP is the heart of the Individuals with Disabilities Education Act’s provisions, a detailed document that is an individualized plan for your child’s unique needs. It includes the following components:
1. Your child’s disabling condition 2. Related services so that your child can benefit from their education 3. Goals to measure progress in your child’s program 4. Placement that is appropriate for your child’s special education needs
Related Services:
If a child is eligible under IDEA, they will likely benefit from specialized education services. Such services may include:
•Occupational Therapy
•Speech and Language Therapy
•Resource Specialist Programs (RSP)
•Special Day Classes (SDC)
•Modification of the regular education programs
•Non-Public Schools (NPS)
•Residential Treatment, and many more
2004 Individuals With Disabilities In Education Act:
All IDEA eligible school age children in America are entitled to a free appropriate public education (FAPE) in accordance with the Individuals with Disability Act as amended in 2004. The purpose of the law is stated in 20 U.S.C.A. 1401 as follows:
SECTION (d) - PURPOSES - The purposes of this title are:
SUB-SECTION (1)
(A) to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;
(B) to ensure that the rights of children with disabilities and parents of such children are protected;
(C) and to assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities;
(D) to assist States in the implementation of a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families;
(E) to ensure that educators and parents have the necessary tools to improve educational results for children with disabilities by supporting system improvement activities; coordinated research and personnel preparation; coordinated technical assistance, dissemination, and support; and technology development and media services; and
(F) to assess, and ensure the effectiveness of, efforts to educate children with disabilities.
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Special Needs
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Our goal is to advocate for an appropriate education for Children with Special Needs, allowing them to reach their full potential and make meaningful contributions to society. We are committed to empowering families through education and enforcement of their child’s special education rights.
Justified Representation
- You have Requested an Assessment of your Child to test for Disabilities, but the school district has ignored your request.
- You or Your Private Assessor disagree with the Placement/Services called for in your Child’s IEP.
- Your Child has not been receiving the Services called for in his/her IEP.
- Your Child has not made adequate progress on his/her goals and objectives.
- You are seeking Reimbursement for the Placement/Services you provided for your Child at your own expense.
- Your Child’s behavior interferes with his/her ability to learn.
- Your Child has been suspended or expelled from school, or has been sent home for an extended period of time without a school placement.