Special Education Attorneys

Services

Families often need assistance understanding and working through education law when their children struggle in the classroom. Parents and guardians may feel overwhelmed by the process of getting their students the educational support they need in and out of the classroom, and, unfortunately, a lot of misinformation regarding what services are available exists.  

 

At KJK Student & Athlete Defense, our lawyers focus specifically on education law, including handling cases involving special education. We guide families through the legal process to help them secure the assistance their children need to succeed. We fully believe that every student deserves a fair chance to learn and are here to help fight to protect your child’s rights. Contact us today if you need legal assistance or advice about your legal rights.

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special education services

  • Developing IEP/504 Plans 
  • Addressing abuse in schools, including:
    – Bullying
    – Discrimination
    – Neglect 
  • Evaluations and Child Find Matters 
  • Fighting Disciplinary and Juvenile Court Matters, including:
    – Suspension and Expulsion
    – Search and Seizures
  • Mediation
  • Title IX Matters
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What Are Special Needs in Education?

Some children have disabilities that require certain accommodations or interventions to learn. Federal and state laws provide specific educational rights and procedural safeguards to children with special needs, whether these needs derive from developmental disabilities, emotional disabilities, physical disabilities, or other impairments.

According to the National Center for Education Statistics, approximately 13% of students in pre-K through 12th grade who are enrolled in public schools have a disability. Of these students, 35% have a specific learning disability, 21% have a speech or language impairment, and 13% have another health impairment.  

There are laws that provide support and programs for disabilities and conditions such as:

  • Autism spectrum disorders
  • Attention-deficit hyperactivity disorder (ADHD)
  • Auditory processing disorder
  • Behavioral disorders
  • Bipolar disorder
  • Cognitive impairment
  • Developmental delays
  • Down syndrome
  • Dyslexia
  • Epilepsy
  • Hearing impairment and deafness
  • Multiple sclerosis
  • Muscular dystrophy
  • Oppositional Defiance Disorder
  • Processing disorders
  • Sensory integration dysfunction
  • Speech and language impairment
  • Spina bifida
  • Visual impairment and blindness

Special Education Overview

In the United States, all students have the right to receive a Free Appropriate Public Education (FAPE). Children with special needs are protected by the following federal laws:

Individuals with Disabilities Education Act

The Individuals with Disabilities Act provides that children with a disability should receive specialized instruction in the least restrictive environment that meets their needs. These children have the same right to a free and appropriate education that is provided to other children. Their education must be tailored to suit their individual needs.

Children who meet the legal definition of having a disability and require special education services are entitled to various accommodations and specialized services, including assessments, evaluations, and Individualized Education Programs (IEPs). Special education is defined as instruction specifically designed to meet the unique needs of a student with a disability.

Children from birth to age three are entitled to early intervention services under Part C of IDEA, while children between ages three and 22 are generally entitled to special education services and related services as provided under Part B of the IDEA.

Parents of children with disabilities have a right to make decisions regarding their children’s education.

Section 504 of the Rehabilitation Act of 1973

Some children may not qualify for special needs services under IDEA, but nonetheless require assistance in the classroom. They may receive services and have rights under Section 504 of the Rehabilitation Act of 1973, which provides a broader definition of a “disability.” Students with a physical or mental impairment that substantially limits one or more life activities can potentially qualify for services.

Section 504 helps students who remain in the general school population and participate in a general education curriculum. Under this law, parents and other stakeholders can help craft a 504 plan that includes accommodations that are customized to meet a child’s specific needs.

Our Legal Services for Children with Special Needs

KJK Student & Athlete Defense wants your child and family to have the resources they need to succeed in school. Our special education attorneys provide comprehensive legal services to families and safeguard their rights. Our lawyers know how overwhelming the special education system and advocating for your child can be, but we are here to help with all aspects of special education law, including the following:

Individualized Assessments

Our legal team can discuss your situation and concerns. We can ensure that your child receives the assessments they need to determine the type and level of special education assistance that will help them level the playing field with their peers. We can coordinate appointments with various experts, including:

  • Speech therapists
  • Physical therapists
  • Occupational therapists
  • Psychologists
  • Pediatrition

These expert assessments can help ensure that your child is properly diagnosed and that you have the data you need to make informed decisions when creating your child’s IEP or 504 plan.

By acting promptly, you can help identify targeted strategies that can help your child in school and avoid educational delays.

Evaluations

Our team can help evaluate Evaluation Team Reports. Your child may be eligible to receive various specialized services, such as:

  • Personal aides
  • Physical therapy
  • Speech therapy
  • Occupational therapy
  • Language services
  • One-on-one instruction
  • Co-instruction
  • Psychological or mental health services
  • Rehabilitation services

Our team can help you identify the services and supports that would allow your child to progress in the educational environment.

Placement Assistance

While accommodations and educational support may allow your child to remain in their current educational setting, some children may need placement in other educational environments, such as:

  • Attendance at private schools
  • Public schools in other districts
  • Residential education institutions
  • Government programs

 You may be able to have your child placed in such settings without incurring personal expenses for the change. Our dedicated education can help you evaluate your options.

IEP and 504 Plans

Our special education attorneys can advocate for children to ensure that  IEPs and 504 plans are based on your child’s specific needs and educational objectives. IEP plans provide for special accommodations and services, while 504 plans ensure students with disabilities have accommodations that may not fall under an IEP, such as:

  • Physical modifications to a classroom or desk
  • Modified textbooks
  • Technology aids
  • Extra time to take tests
  • Physical therapy
  • Behavioral therapy

Our attorneys can sit in on IEP or 504 team meetings, advocate for your family if you do not agree with the program’s determination of eligibility, services, or accommodations, make recommendations for services or accommodations that could help your child excel, and challenge unfair determinations.

Abuse

Unfortunately, many children with special needs are victims of abuse, either from other students or the school itself. Our dedicated legal team can help if your child has been discriminated against or if their educational needs are being neglected due to a disability. We can also step in if your child is being bullied or abused by a peer and the school is failing to take action under its no-tolerance policy.

Disciplinary Actions

Because some teachers may not understand students with disabilities, they may not provide them with the attention and assistance they need. This dynamic can lead to children getting frustrated and teachers perceiving what they consider disciplinary issues. Children with disabilities are statistically more likely to face disciplinary measures, including suspensions and expulsions.

Students with disabilities have the right to a fair hearing under state and federal law when they are facing a suspension over 10 days or expulsion, but many parents are not aware of this right or how to exercise it. If your child’s disability was a cause or factor in behavior that triggered disciplinary action, we can argue for alternative measures that do not threaten your child’s education or academic career.

Mediation

Mediation is a form of alternative dispute resolution that helps parties embroiled in a legal dispute to reach a mutually beneficial and amicable resolution that avoids litigation. A mediator is not a decision-maker, but you are. Our legal team can represent your interests during mediation sessions and advocate for your family’s position.

Due Process Hearings

If you and the school are unable to reach an agreement in mediation, you can proceed to a due process hearing. The IDEA offers robust procedural safeguards for children with disabilities. Our attorneys can represent you in front of an Administrative Law Judge, making compelling legal arguments, examining witnesses, and presenting evidence so that your voice is heard.

We can also represent your child in juvenile court and other disciplinary matters related to their conduct at school.

If you believe that your child is not receiving the services, programs, or interventions that they deserve, the KJK Student & Athlete Defense team can help. We can evaluate your situation, explain the law, and describe how we can help when you call for a confidential case review.

How Our Special Education Lawyers Can Help

When you hire the KJK Student & Athlete Defense Team, we can help by:

  • Helping determine which educational services and programs will best meet your child’s specific needs
  • Connecting your child with therapists, private specialists, college consultants, and others who can help identify their holistic needs
  • Ensuring your voice is heard during meetings with the IEP team and school officials
  • Developing a legally compliant IEP or 504 plan
  • Negotiating with school districts

Contact us today to discuss your child’s unique situation with an experienced special education lawyer.

Why Work with KJK Student & Athlete Defense

KJK Student & Athlete Defense helps families navigate special education for disabled children. We have a history of successfully fighting for students with special education needs and have worked on over 1,000 cases in over 200 schools and other academic settings.

We also provide access to a network of experts who can help assess your child and identify their unique needs. This allows us to determine what is best for your child and advocate for them. We ensure that our clients and their children are treated fairly throughout the process and avail themselves of the resources provided by law.

We offer skilled guidance with IEP and accommodations. We provide clear communication and strategic advocacy to ensure that students have equal access to education, no matter their ability level.

What to Do If Your Child Has Special Needs in Education

If you believe that your child has special needs that are not being addressed at their school, consider taking the following actions:

  • Inform the school of your concerns.
  • Learn your rights and familiarize yourself with federal and state education and disability laws.
  • When applicable, ask for a functional behavior assessment, which can help identify triggers and patterns.
  • Document your case with clinical reports, test results, and opinions from professionals and experts.
  • Work with the special education team on creating an IEP that considers your child’s specific strengths, weaknesses, and limitations.
  • Seek additional services, such as counseling, therapy, or other clinical support.
  • Bring written requests to any IEP or 504 meetings.
  • Write notes during any meetings so that you have a written record of what was discussed, considered interventions, and accommodations that should have become part of the plan.
  • Request more details if you don’t understand something or if someone is using jargon.
  • Check in regularly to track your child’s growth and get ahead of any potential problems.
  • Schedule regular meetings so that your child’s progress (or lack thereof) can be properly documented.
  • Focus on what is best for your child throughout the process.

Contact Our Experienced Special Education Lawyers for Legal Assistance

KJK Student & Athlete Defense focuses on protecting futures through leveraging educational laws for the protection of their clients’ rights. We work with parents and professionals to ensure that children with disabilities and special needs receive the accommodations, specialized services, and educational environment that the law guarantees. 

We have extensive experience handling all types of educational cases across the country, including misconduct, disciplinary matters, Title IX cases, and IEP disputes. Contact us today for a confidential consultation with an experienced legal advocate. 

Special Education

Testimonials

Thank you for helping me through a difficult time with my son

 Thank you for helping me through a difficult time with my son. He recently participated in graduation and will be finishing his degree requirements through an independent study. Your “talk” during our call a couple of weeks ago was valuable to him and to me. Thank you for sharing your life experiences and thoughtful words of advice. I am truly inspired by your perseverance and strength as a professional and a mother.

We feel so fortunate that we were able to connect with you

When we found out about [OUR SCHOOL DISTRICT’S] intent to expel [OUR SON] we were disappointed in the school district and we were terrified of what it meant for [OUR SON].  We feel so fortunate that we were able to connect with you.  On short notice you took the time to meet with us and gain a deep understanding of…his challenges.  You were able to see beyond [OUR SON’S] behavioral difficulties and see him as the bright, inquisitive boy that he is.

We were impressed with how easily you navigated the challenge of working with the staff… and the attorneys representing the district.  Without your representation there is no question that there would be unresolved issues related to [OUR SON’S] education and further legal hurdles to overcome with the school district.

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Important to Know:

Special Education
Frequently Asked Questions

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IEP Basics

What should I do if I suspect my child has a disability or learning difference and needs support from school?
If you suspect that your child has a disability, you must inform your school’s teacher of your suspicion (preferably in writing) and ask that the school conduct a psycho-educational evaluation.  This is a just a diagnostic tool to tease out what might be impacting your student’s ability to learn and grow.

We at KJK believe that parents know their child best. Thus, if you believe that your child has a disability, in all probability you are correct. Learning problems can manifest very differently depending upon a number of factors: such as age of child, personality, type of disability and educational environment.  It goes without saying that no two children are the same.

What is an IEP?
The information contained in the ETR becomes for your child’s Independent Education Program (“IEP”).  The IEP outlines how the school will address your child’s needs.  It should have goals, objectives and be specific in who, what and how much support will be given to your child.
What is an MFE or ETR?
An MFE is a multi-factored evaluation, which is the revised term for ETR or Evaluation Team Report. This is simply the diagnostic test that must be completed every three years to determine whether your child is eligible for special education and/or related services, make suggestions about how to meet your child’s needs, and provide the most updated information on your child to monitor progress.

Students with disabilities who receive services under a federal law called the Individuals with Disabilities Education Act or IDEA.  IDEA is a wonderful statute that has changed the learning landscape for students.  However, the terms in the statute can be quite daunting at first.  Many articles have rightfully referred to these terms as alphabet soup!

Each school has child find obligations under IDEA to determine if students have needs that should be evaluated and addressed. But, as stated above, don’t rely on a District to initiate the process.  If you suspect that your child should be tested, speak up! Studies show that the earlier an intervention takes place, the easier it is to level the learning playing field for a child!

 

What happens if the school refuses to conduct an ETR on my child?
If a school district declines to conduct an ETR, you will have the reasons explained to you in a written document called a Prior Written Notice (“PWN”).  It is important for parents to make sure they understand the information contained in the PWN.  The most common basis for this denial is that the school does not see that there is any evidence that your child has a disability and that he or she is doing fine!  We see that in situations where a child is getting what is considered good grades or performing at grade level. Other times, parents are told that students are just not listening to homework requests and that there should be more structure at home. When this happens, ask for an independent educational evaluation (IEE).
What is an IEE?
An IEE, or independent educational evaluation, is an evaluation that is conducted by an outside provider not employed by the District.  Remember – since the District pays for the IEE, it has the right to see the results at the same time as parents.  Sometimes, we consider obtaining a private evaluation and depending upon the results, we make the decision as to whether we want to share the test results with the District.
What resources can I turn to for help understanding IDEA?
If you are in Ohio, the Ohio Department of Education (“ODE”)  has a lot of resources on its website.  If fact, the ODE posts a video series on special education basic and a guide to parents’ rights in Special Education that has been translated into eleven languages.

Your Rights

Can I request an IEP team meeting if I believe my child's needs are not being met or my child's disability has changed?
Yes, you can and you should request an IEP team meeting if you have any concerns.  The IEP team will meet on an annual basis but if parents have issues to discuss, parents should request a meeting.  There is no limit on the amount of times that parents can request an IEP meeting.  Keep in mind that it might take a few weeks to get a team assembled.
Do I need an attorney to make an IEP? How can an attorney help me and/or my child?
You do not need an attorney to make an IEP.  However, a special ed lawyer can really help parents communicate with school districts and advocate to make sure that the child’s needs are being met in the IEP. Also, when Districts do not deliver services, attorneys are useful in ensuring that providers stay on task. When all else fails, and parents find that they are at impasse with a school district, attorneys can file a due process complaint with the state department of education and ask that a hearing officer require the district to provide FAPE to a student.

Attorneys can help with each step in the process, including attending IEP meetings.

If I disagree with the school’s evaluation, what can I do?
Districts will provide an ETR is it suspects that there is a disability.  However, parents might disagree with the results of the ETR. If you disagree with the school’s evaluation of your child, and it does happen, you can request that the district pay for an IEE.   While the district does not have to follow the evaluation, it does have to consider the results of that evaluation.
My child has really struggled during the COVID-19 pandemic. What are my rights?
We know that students with disabilities have been affected quite a bit during the pandemic.  Certain services are just not the same when delivered over zoom.  Just remember, no matter what is happening, students have the right to a free appropriate public education (FAPE) even during the pandemic.  The school must try to follow the IEP. Parents should request a special meeting to discuss how the IEP is going to be delivered if districts choose to use technology rather than return to the school building. Most Districts will try to deliver various services online.  Sometimes this works and other times, the delivery of services is a miserable failure for everyone involved in the situations. Other times, Districts are arranging for various services like occupational or physical therapy to be delivered in small groups. If this is not possible, schools will have to make-up these services as part of its obligation to provide compensatory education.
Can the school discipline my student with a disability if he or she breaks a rule?
Your special education student can be disciplined for breaking a school rule or policy just like any other student. However, there are procedural hurdles that must be accomplished before a suspension longer than 10 days or an expulsion can be imposed to be sure that the behavior was not a result of the disability.  To make this assessment, the school district will conduct a manifestation determination review meeting.  This hearing must happen before ten days after the date on which the decision was made to recommend expulsion. If the schools holds a hearing and still wants to expel your child and you disagree with that decision, you can file an expedited due process hearing to contest that decision.  Student discipline can be fraught with a lot of turmoil and emotion, so it’s best to seek guidance as early as possible in student discipline situations.

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