Every child has the right to a free appropriate public education (FAPE), but sometimes parents face roadblocks in ensuring their child receives the services and accommodations they need. While many issues can be resolved through open communication with the school, some situations require the expertise of a special education attorney. If you’re unsure whether it’s time to seek legal help, here are some key signs to watch for.
1. Denied Eligibility for Special Education Services
If your child has a diagnosed disability but the school denies their eligibility for special education services, it’s a red flag. Schools are required to follow specific procedures under the Individuals with Disabilities Education Act (IDEA) to determine eligibility. A special education attorney can help you navigate these procedures and advocate for a fair evaluation.
2. IEP Non-Compliance
Your child’s Individualized Education Program (IEP) outlines the specific services, supports, and accommodations they are entitled to. If the school is not following the agreed-upon IEP, your child’s education and progress may suffer. Document these violations and consult an attorney to address non-compliance effectively.
3. School Refuses Reasonable Accommodations
Under IDEA and Section 504 of the Rehabilitation Act, schools are legally obligated to provide accommodations for students with disabilities. If your child’s school refuses to implement necessary accommodations, such as assistive technology or extended test time, legal intervention may be needed.
4. Disagreements Over Evaluations
Sometimes, schools conduct evaluations that do not fully capture your child’s needs, or they refuse to conduct evaluations altogether. If you disagree with the results of the school’s evaluation or believe your child needs additional assessments, you may request an Independent Education Evaluation (IEE) at the school’s expense. An attorney can help you make this request and ensure your child’s needs are accurately assessed.
5. Manifestation Determination Reviews (MDRs) Are Mishandled
When a child with a disability faces disciplinary action, schools must determine if their behavior was a result of their disability through a Manifestation Determination Review (MDR). If the school mishandles this process or unfairly disciplines your child, it may lead to unjust consequences. A special education attorney can advocate for your child during the MDR process.
6. Discrimination or Bullying
If your child is being discriminated against or bullied due to their disability and the school is not taking appropriate action, it’s a serious issue. An attorney can help you hold the school accountable and ensure your child is protected under federal and state anti-discrimination laws.
7. The School District Refuses to Engage in Dispute Resolution
If you’ve attempted to resolve disagreements with the school through meetings or mediation but the district remains uncooperative, it may be time to escalate the matter. A special education lawyer can represent you in due process hearings or state complaints to fight for your child’s educational rights.
How a Special Education Attorney Can Help
A special education attorney can guide you through the legal process, advocate for your child’s needs, and ensure the school complies with the law. Their expertise can make a significant difference in securing the services and support your child requires.
What to Do Next
If you’re experiencing any of these issues, don’t wait to seek help. The sooner you involve a special education attorney, the more options you’ll have to address the problem. Contact our team today for a free discovery call to learn how we can help you protect your child’s rights.
By recognizing these signs early and taking proactive steps, you can ensure your child receives the education they deserve. Advocacy is a powerful tool, and with the right support, you can make a lasting impact on your child’s future.
