Advocating for a special needs child can be a stressful challenge, especially when it comes to wanting your child to have the best education possible in order to ensure that they are able to succeed later in life. Unfortunately, working with school administrators and other school officials often presents a unique challenge. The special education laws in the United States specify that children with special needs must be accommodated under the Individuals with Disabilities Education Act and the Individualized Education Program (IEP)).
This means that according to these laws, your child's school system must take certain measures to ensure your child is in a situation that allows them to get a quality education. This often means that certain changes and exceptions must be made on an individual basis. In some situations, special education attorney services are needed to ensure your child is offered and receiving the education they are entitled to. If you feel as though your child isn't getting the educational services they need, here are a couple of the ways a special education attorney can help.
Unrealistic Expectations
Part of going to school means there will be assignments; however, if your child's teacher continually neglects the IEP recommendations and assigns homework or school projects that are more complicated than your child's specified education/learning level or they are not given an opportunity to participate in school projects because the educator feels the student isn't qualified, a special education attorney may be able to help.
In complex situations such as overly assigning or under assigning tasks, your attorney can speak with the school's attorney to attempt to solve the problem. It is important to have complete documentation that demonstrates your child is being singled out with assignments and that there is an IEP in place explaining school work expectations.
Disciplinary Action
If your child has been subjected to disciplinary actions, such as being suspended or expelled from school, and the disciplinary action was the result of a symptom of your child's disability, a special education attorney may be able to help you fight the disciplinary action. Children with disabilities are required to follow school rules; however, in some situations, a child with a disability is physically and/or mentally unable to defend themselves in the appropriate methods, which results in school officials categorizing the action in the same manner as a child without disabilities. In this type of situation, it is often best to seek legal counsel on how to handle the disciplinary actions and the school board.
Each municipality has its own education laws in addition to the federal education codes, but you have the right to defend your child and their student rights. Whether your special needs child is being harassed because of their disability or continually being disciplined for dress codes or homework, the actions are not appropriate. A special education attorney will know the laws pertaining to special needs and how they apply to your specific situation.
Share24 April 2019
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