Do You Need a Special Education Lawyer?
If everything seems to be going smoothly for your child in special education, you may not need a lawyer. There is, however, a possibility that at some point during your child’s education, it may make sense to hire, or at least consult, an attorney who can act as your advocate. If you would like a general overview of Special education Attorney and the IEP process, read Special Education Law.
There are Times When You Might Need A Lawyer
When deciding whether or not a lawyer is necessary, it is important to consider the following factors.
- Complicated nature of the case. The more complex your case is, the more likely it is that you will benefit from some legal advice. The expertise and knowledge of an attorney may be required in disputes involving complicated placement and service issues, for example.
- Your case is strong. Consider consulting an attorney if you are unsure whether you have a good case against the school district. An attorney should tell you about the strength of your case before you decide whether to hire them.
- We appreciate your time and effort. If you work full time, have a difficult schedule, or are a single parent, someone else may be better suited for the job. However, if you have the time and energy to represent yourself and your child, you may not need to hire an attorney.
- Your budget. Attorneys aren’t cheap, and the expense may make it difficult for you to hire one.
- Your self-confidence. The majority of parents can be great advocates for their children in special education. However, if you are not confident in your ability to effectively advocate or negotiate, you may want to hire a lawyer rather than take on the fight alone.
- Representatives of the school district. You may want the same protection and leverage if the school district has an attorney.
- The district and your relationship. Your relationship with the district may change if you hire a lawyer. Attorneys create a more formal and potentially combative atmosphere. You may be viewed as a troublemaker or squeaky wheel by school personnel. If you are considering hiring an attorney, your relationship with the school district has already changed. A cordial relationship with the school district is not as important as your child’s welfare.
Lawyers Can Help
A lawyer can generally help you in one of two ways. As needed, a lawyer can provide advice and assistance throughout the development of your individualized education program (IEP) while you handle most of the work, or they can act as your representative directly. You can have the lawyer handle only certain tasks during the IEP process, or you can have the lawyer handle everything from beginning to end.
These are some of the specific tasks a lawyer can assist you with:
- Protecting your child’s school records
- IEP meeting or evaluation request
- Getting ready for the IEP eligibility meeting
- Developing parts of the IEP and suggesting what material will be most effective prior to the IEP program meeting
- Meetings with IEPs
- Reviewing evaluations and IEP forms before signing
- Researching a specific legal issue that is relevant to you
- Providing informal assistance in resolving a dispute with the school district
- An assessment of your case, if you are considering filing a complaint
- Attending hearings and preparing for them
- Briefings after hearings
- We will prepare a complaint for you to submit to the appropriate educational agency, and
- Taking your case to court.
The Complete IEP Guide: How to Advocate for Your Special Ed Child, by Lawrence Siegel (Nolo), provides more details on how to find a lawyer, how to work with a lawyer, and how lawyers are paid (including when the school district is required to pay your legal fees).