While your school is charged with identifiing children with
potential educational problems, you can't simply rely upon
the school to do this. If you feel that your child may be having
difficulties as a result of an emotional, physical, medical and/or
intellectual problem, you must put your request for a Special
Education evaluation in writing and keep a copy of that dated request for your file.If you get excuses instead of an evaluation,
call for help.
ELIGIBILITY:
There are several ways in which a child could be eligile for Special Education services. There is also the possibility of Section 504 eligibility for your child. While the school may tell you that your child is ineligible, you should consult a special education attorney if you have doubts about the decision. The schools are often mistaken about the requirements for eligibility.
IEP DEVELOPMENT:
The education program your child receives will partially determine whether he or she will achieve their goals in life. It is recommended that you contact an experienced special education attorney early in this process. The use of advocates or advocacy agenies is not recommended. There are very short time limits on your right to bring these claims. Involving an attorney at the on-set may be a wise idea.
MEDIATION:
Mediation is to be avoided at all costs. The process is severely tilted in the school's favor. If you have a right to a service you are not getting you should file for Due Process Hearing through an experienced special education attorney. The school already had a chance to provide the appropriate services at the IEP meeting. Moreover, your legal rights can be affected through mediation. This is something you must not undertake without an attorney fully knowledgable of what those rights are and how to protect them.
DUE PROCESS HEARING:
Advocacy can be counter-productive. Only an attorney who is highly experienced in Special Education Law and has been involved with your efforts to achieve specific goals for your child over some months can guide you to the best strategies to achieve those goals. There are very short time limits on your right to bring these claims. If you suspect that your child is not getting the services they need, you should contact an attorney at once.
DISCRIMINATION and ABUSE:
It is appropriate to consider a claim for money damages when your child has been denied needed services or physically or emotionally abused by school personnel. Even if other children have been the cause of your child's harm, there may be school liability. There are time limits on your right to bring these claims. If you suspect that your child has been harmed by the actions or inaction of the school, you should contact an attorney at once.
COMPREHENSIVE EVALUATION:
Initially, your child should be given a comprehensive psycho-educational evaluation. Because these evaluations are provided by the school system they may be lacking. Consider these tests as fulfilling a procedural requirement, not as the final word in determining what help your child may require to be successful.There are very short time limits on your right to bring these claims. Involving an attorney at the on-set may be a wise idea.
DISCLAIMER:This web site contains general information and is not to be used as a substiitute for legal advice from an attorney who has reviewed specific information about your situation. No attorney-client relationship is formed by this communication.
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Advocacy agencies may be funded by the state in which you live, and may be unable to use the most effective techniques to help you. Private advocates have a limited range of skills. All you will be able to achieve through these services is that which you were already entitled. An experienced attorney can achieve a better result.
If you go to an IEP meeting and argue and fight with the school, you may get a legally defensible IEP document; you may get a "FAPE". FAPE is services that are a "basic floor of opportunity", "an IEP designed to provide more then" a little benefit. If you want adequate services, you need a strategy. ADVOCACY PROTECTS THE SCHOOL
