What Does an Attorney for Special Education Students Do?
Attorneys for special education students are licensed to practice
law in the state and advocates for a student using knowledge of and
experience with the federal and state laws governing special education,
including the legal protections afforded to children. Some attorneys
have personal experience in this area of law. Maybe the attorney used to
be an educator. Or sometimes the attorney has a family member,
including their own child, with special education needs. In either case,
the attorney has often witnessed firsthand how challenging it can be
for parents to advocate for special education services on behalf of
their child. As challenging as the process can be for families with an
advocate or a special education attorney on their side, it can be even
more challenging when a family is advocating on their own, without
knowledge or expertise in the special education process.
There are many obligations that school districts must meet to comply with the IDEA to identify and educate special education students. After a parent consults with an attorney about the parent’s concerns about the student, the attorney will typically start the process by requesting and reviewing the student’s educational records. During the review, the attorney will identify various instances where a school district failed to follow the requirements of the IDEA and such failures have led to the student’s lack of educational progress. Examples of issues that an attorney for special education students may find in a student’s records are:
- School district failed to identify the student as one who may require special education and related services and have them assessed for those needs;
- School district failed to implement special education services that have been recommended and agreed upon by the student’s school team;
- School district failed to convene periodic team meetings to discuss a student’s present levels, progress on current goals, and develop new goals;
- School district failed to convene a team meeting when a student is failing to progress, even with the support of special education and related services, accommodations, modifications, and supports.
Attorneys for special education students may also review assessments of
the student performed by the school district and determine whether an
independent educational evaluation by a neutral professional is
necessary to determine student’s current educational needs and provide
recommendations on how those needs should be addressed by the school
district in order to allow the student to make appropriate progress in
the student’s educational program.
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