Tips for Choosing and Working with a Special Education Attorney of Law

Choosing a Special Education Attorney to Represent Your Child’s Best Interest

If you have a child with a disability, you may find that you need legal support to get the educational services your child needs. Attorneys with licenses to practice law provide legal advice, help, and support; they can represent you in court and due process hearings. Licensed lawyers are accountable for the strict rules of legal procedures and ethics.

Like all other lawyers, special education attorneys may be in private practice or with a public service agency such as a protection and advocacy agency, legal aid, legal clinic, or other similar organization. Choosing an attorney is an important decision. Attorneys’ styles vary just as parents’ styles do. Choose an attorney who is most compatible with your personality and objectives. This basic guide will help you as you select an attorney who will be helpful. Please remember that before an attorney can answer some of your questions, the attorney may want to review your child’s educational records and other related records.

Consider the attorney’s special education expertise and knowledge.

The law in special education cases can be complex. Although lawyers receive training that prepares them to deal effectively with legal complexities, law schools commonly do not teach special education law as a specific body of law. Special education law attorneys should have suitable training and experience in this field. You want to ensure they have the special education law experience you are looking for.

Find out if the lawyer you are considering routinely handles special education cases. Good lawyers in other fields of law often become motivated to begin practicing special education law. Special education lawyers also may be parents of children with disabilities. Knowledge and experience in other fields of law is one feature of an attorney’s practice that may be important. Ideally, attorneys who help parents in this field know the various federal and state laws and regulations about disabilities, civil rights, and special education. Special education attorneys should also know the current education court decisions from the federal and state courts and their state’s administrative decisions.

Select an attorney with the special education experience you need

Practicing special education law and resolving special education conflicts requires many different skills. Special education lawyers routinely conduct simple negotiations, mediations, administrative hearings (due process hearings), or go to court for their clients. Consider the attorney’s experience in each of these areas. Ask the attorney about his or her experience. You should feel free to ask for references. You are the one making the hiring decision.

Practicing special education lawyers should be familiar with the local service providers, evaluators, local school districts, and special education administrators in the school districts. They should also know local customs and the available optional education choices. They should know about evaluations, IEP issues and details, disabilities, behavioral supports, discipline issues, document management, fact investigations, formal and informal negotiations for needed services, and other areas that are common to special education cases.

A lawyer should be familiar with the state’s due process hearing procedures, hearing officers, mediation process, and filing a complaint with the state. If you think you may go to federal court over a dispute, the lawyer should be familiar with federal court procedures and know about the local courts.

Possible outcomes of the case

Each special education case is unique because each student’s educational needs are unique. In addition, special education cases may include dynamics that other law cases do not. However, an experienced special education attorney should be able to review your child’s education records and give you a range of possible outcomes. A lawyer will help you carefully weigh your case’s advantages and disadvantages. Do not expect an attorney to guarantee you an outcome.

Ask how the attorney charges for their work.

It would be best if you did not hesitate to ask attorneys about their rates and how they will bill you for professional services. Most attorneys will not begin work without an agreement, something called an engagement agreement or letter. Attorneys should tell you what you should expect. They should tell you the extent of their representation (what they will do for you). They should also tell you about how they set their fees, what is expected of you in terms of paying for expenses, whether they work by the hour or whether they work on a flat rate basis, what the retainer (if any) will be used for; and terms of engagements.

Understand your role as parents.

Parents play a vital role in every special education case. Lawyers cannot make decisions for you. They can give you legal advice and tell you what to expect. But you, as the student’s parent, are responsible for making decisions. You must decide whether to accept or reject an IEP, whether to settle your conflict with the school informally, what the settlement terms will be, and other such decisions.

Source:

The Council of Parent Attorneys and Advocates, COPAA
P.O. Box 6767, Towson, Maryland 21285
Telephone: (410) 372-0208.