Special Education Law

Children are guaranteed the right to a free and appropriate public education. While school districts have an obligation to identify and assist children with a qualifying disability who need related services under the Individuals with Disabilities Act, issues often arise concerning identifying children, qualifying children or proving children the appropriate services required in order for them to excel.

In the event a child has a physical or mental impairment that might not qualify for special education, that child might be entitled services under Section 504 of the Rehabilitation Act of 1973, whereby a child may require some accommodations by the school district to ensure the child’s education needs are met.

When school districts and parents cannot agree, it is sometimes necessary to file for a Due Process Hearing, in which both sides participate in an evidentiary hearing to determine, for example, whether a child qualifies for special education or related services, whether the services proposed or being provided are sufficient, and whether a school denied a child rights under the Individuals with Disabilities Act.

We assist families at all stages of the special education process, including at Planning and Placement Team Meetings, known as PPTs, in the creation and implementation of a child’s Individualized Education Program, often referred to as an IEP, otherwise working with parents and school districts, and, in the event a solution cannot be found, representing parents at due process hearings.