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Special Education Attorney - A Child’s Rights to an Education This article talks about a Special Education Attorney who can speak for the child when a school program is not appropriate for the type of handicap diagnosed. Who can speak for these children? The attorney must know the education law well but this attorney does not make as much as other attorneys. So why does he do it?
A Special Education Attorney can be called for help when a parent is not happy with the Individual Evaluation Plan (IEP) set up by the school. The parent feels in someway it is not a good learning plan for his or her child. Perhaps the child was not evaluated or learns differently than others with similar handicaps. If the school and the parent come to an impasse and can’t settle the problem, the only recourse a parent has is to file a due process and it is at this time an attorney can handle the case.
The Special Education Attorney works with other experts to gather information. He will first ask that the child be tested by an expert that can write reports and give suggestions for the best teaching methods to be used. Usually a teacher can be an expert in these testing cases since they are familiar with teaching methods for handicapped children. Some experts will also be agreeable to go to the IEP meeting and present the findings. Many times that is all it takes and the IEP will be changed based on the expert’s suggestions.
If a Special Education Attorney cannot be found in the client’s geographical area then the parent might look for a very young lawyer who can contact an experienced lawyer to consult over the education law and give direction. In the same manner, an older retired attorney might take on the case and contract a Special Education Attorney to consult on the case when it comes to an impasse. The facts are that Special Education Attorneys are not common among a city’s attorney practitioners. Even though the attorney may not live in your state, he can still advise another attorney of the federal education law in which he is an expert.
The Special Education Attorney is there to pick up the case if it has to go to due process. Attorneys usually bill by the hour and if it is a small case there is sometimes a flat fee. It is true Special Education Attorneys do not charge as much for their services. It could be a result of cases in the 1990’s that went into such length and accrued charges that were too much for the public schools to continually pay when IEPs were challenged by parents.
An education attorney often provides some steps for the parent to take before he is hired on to settle the dispute. Most the time the Special Education Attorney will try to settle out of court if possible to keep down expenses. He also advises clients that the education system by law must pay the attorney fees should the case be found in favor of the child.
One Special Education Attorney said he came back from retirement to assist parents with autistic children in disagreement with public school programs. He specifically works with autistic children because he had an autistic child as a young parent and hired a lawyer to fight for his child’s rights to public education. He suggests parents of handicap children become as informed about the education law as much as possible.
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