FAQ
Frequently Asked Questions
An attorney can play a critical role at every stage of your case and not just when you’ve reached the boiling point. Education cases involve a multitude of legal issues that arise during all phases of your child’s education, from the initial contact with the school, to transitions during your child’s educational tenure, and to the ultimate exit from education services and being prepared for what’s next.
[from white paper 1B final paragraph]
Early on, a special needs consultant can be a great help and resource. However, there is a time and place to switch over to an attorney. If it comes to a legal process, a consultant’s authority only stretches so far. Generally speaking, consultants are a phenomenal guide, but your case needs to be handed over to an attorney as early as possible in the process in order for the attorney to build strategy. The best choices for you stem from a thorough understanding of your background, and every misstep along the way can make it trickier to turn around later on.
If you are not sure wether to continue working with a consultant, or an attorney right off the bat, or when to switch over, contact me and I will gladly and honestly guide you toward answers in advice, in your best interest always.
[Jennifer: rewrite paragraph]
Rule of Thumb: An Ounce of Prevention is Worth a Pound of Cure.
Education cases can be very difficult, and the playing field is not even. Developing and preparing a strong case with a clear strategy results in better outcomes. Better outcomes in an education case may include a variety of results such as, but not limited to, it may be that the efforts result in the school district providing an appropriate education to your child and/or if that fails, that you are successful in having your child placed in publicly funded, private educational placement that is appropriate to meet the needs of your child. It could also mean that the school considers your child’s behavioral issues as an indication that your child is communicating distress or frustration and in need of additional supports and services instead of disciplinary action. It may also mean that your child is provided with the necessary research-based intervention programs in their community school so that they can develop the foundational skills they need to make progress and develop confidence in their abilities.
It is unusual for a parent to think at the start of their child’s education that they are going to end up in a conflict or even litigation with their child’s school district, but it happens. You have likely heard the saying that “an ounce of prevention is worth a pound of cure.” Well, hiring an education lawyer early in the process can help you avoid potential legal and evidentiary headaches down the road and will likely reduce your stress and anxiety about your child’s education. Getting the proper guidance and counsel early in the process will often result in more successful outcomes at a lower overall cost.
[full paragraph 2A]
It is important to note, while having an attorney in the early stages of the IEP process is beneficial, it is never too late to obtain the assistance of an education attorney. Education attorney’s help solve problems for clients regardless of where they are in the process. If at any point in your child’s education you think that maybe you should consult with an attorney who specializes in education law, you are probably right. You may be able to effectively resolve your concerns with the school district before you reach a boiling point.
[2B final paragraph]
During the initial consultation, the parents explain the issues as they understand them, and they provide additional information, including desired outcomes to the extent they are known at the time. Parents don’t always know what the solutions might include but the attorney can assist with defining the options during the initial consult. Who provides records? Generally, attorneys want to receive records/reports from the parents but will also request records from the school district. The parent’s records become essential when there is a meeting already scheduled within the next few weeks, but the school district has 45 days to respond to an educational records request. Thus, the documents provided by the parent allow the attorney to get prepared and/or assist the attorney in answering questions and developing an initial plan. During the consult, the documents provided by the parent also provide a means for the attorney to better understand the student’s learning profile, current status and they assist the attorney in providing the parent with an initial assessment of the case.
[full paragraph 3A]
Why are the documents so important? The documents, aka records, generally contain the evidence and reveal the student’s educational history related to the issues in the case. An experienced education lawyer in your state can usually review a variety of documents and gain significant facts and information that will inform their initial analysis. The initial analysis allows the attorney to more effectively communicate and respond with prospective clients about the issues in the case.
[final paragraph 3B]
The documents often reveal if the procedural and substantive requirements of the IDEA have been followed and met. In other words, has the school done what it is supposed to do with respect to a student’s educational needs? Have they followed required timelines? What has the school district concluded about the student? What services have been provided or will be provided? What other actions will the school district undertake to support the student and who will do it?
The attorney is also considering other substantive issues. How is the student’s progress being reported by school? What do the evaluations reveal about the student’s learning profile? Did the school address all of the student’s needs? etc. etc. Both the procedural and substantive analysis ultimately requires a detailed and intensive document review.
[full 3C]
Why is this important? A school may provide a report card indicating that the child has a B in a certain subject or the IEP progress reports note that the student is making sufficient progress towards a particular academic or behavior goal while the actual schoolwork tells a different story. For example, the school may state that the student can perform simple addition and subtraction, but the classwork/homework reveals that the child is not unable to complete that work. These documents can provide evidence to support your position and to get to a resolution of your concerns.
[2nd paragraph 3D]
Think of this process like an efficient roadmap to get out of the maze that is ‘your problem’.
1. Planning and Strategizing
2. Attend Team Meetings
3. Represent Students at Hearings
4. Evaluate Advice
5. Build Strategy
6. Build the Case
[2nd paragraph 3D]
Yes
An experienced education lawyer has probably worked on cases similar to yours or at least similar enough to make a calculated guess about how it might get resolved. Depending on the status of your case, it may require a letter or meeting to obtain the requested relief or it may be necessary to engage additional experts and develop a more comprehensive strategy to strengthen your case. Given the unique nature of education cases, the strategy depends on the goals of the parent and the needs of the student.
[First paragraph 4C]
It is often important to collaborate or engage the services of private service providers such as educational consultants, psychologists, speech-language therapists, and/or Board-Certified Behavioral Analysts etc. regarding independent professional assessments and opinions of the child’s educational needs. Most experienced attorneys know a network of private professionals and can provide you with referrals. Attorney’s also assist in providing guidance and strategy with collaborating with other professionals to ensure everyone is familiar and in agreement with the plan and strategy for the case. Experienced attorneys understand that they need to carefully collaborate with outside professionals without compromising the credibility of the professional who may be needed as an expert witness in a due process or court hearing. Private evaluations and services are expensive so it can be helpful to explore private health insurance as it may provide coverage for some, or all, of these services.
[first p 4C]
It depends – a famous lawyer response! The IDEA is a statute to protect the civil rights of a class of individuals. As such, it contains a fee-shifting provision. However, while the IDEA contains a fee shifting provision, it is imperative to fully understand what attorney’s fees may be recoverable and more importantly what will not be allowed by the courts in special education cases. Your attorney can and should explain the limitations on a parent’s right to reimbursement of attorney fees. Finally, when you are considering whether to go forward with a full due process hearing, there are a multitude of factors to consider and understand. Your attorney should be able to discuss the factors to consider and the related issues and answer your questions.
[5A]
After deciding to retain the services of an attorney, you may have some, or all, of the following questions – What happens next? Do I need to do something? If so, what should I be doing next? How should I communicate with the lawyer? What information should I provide and when? What kind of response should I expect? And many, many others. Every law practice is different, and each may follow a very different system. However, these are examples of questions to consider at the start of the attorney client relationship. Some attorney’s request that office assistants be copied on all communication with the office while others prefer a more streamlined approach, while attorneys often schedule conference calls prior to every meeting to strategize and prepare for the meeting some may prefer to have an in-person meeting, and while some attorneys like to be kept informed of key dates and scheduling other attorneys may not find this necessary.
[5B]