The school that your child attends must provide equal access to education and resources. However, you might be concerned that your child is not being treated fairly, and you might wonder if it's appropriate to take legal action. Legislation related to children with disabilities can often be complex, and it can be difficult to understand how the law relates to your situation without the help of a special education attorney.
Don't Assume That Your Child Doesn't Have Rights
The number of Americans with disabilities has been growing. This is due in part to an increase in what is considered to be a disability. There are some disabilities children are diagnosed with that didn't exist as categories in the past, so you shouldn't assume that your child doesn't have disability rights.
Taking the First Steps
Your attorney will help you determine whether it is appropriate to take legal action or whether the problem can be resolved through negotiation or mediation. For example, your attorney can obtain your child's school records. If you decide to take legal action, your attorney will manage the process.
The attorney is able to prepare legal complaints and letters. The attorney can request that your child be evaluated in the event that you disagree with the school regarding whether your child needs special education services. If you will need to participate in a hearing, your attorney will represent you in this case. If you choose to file a lawsuit, your attorney will represent you in court.
The Skills of Your Attorney
You will want to ask your attorney about the experience they have handling cases like yours. Some attorneys have special backgrounds that might be relevant to your case. When your school discovers that you have hired an attorney, they will realize that you are taking the case seriously. They are also more likely to hire their own attorney.
The laws have expanded leading to an expansion in the number of skills and the level of knowledge that an advocate needs. This includes the need to understand both federal and state statutes. Your attorney must be knowledgeable about legislation such as the Individuals with Disabilities Education Act and No Child Left Behind.
While schools often are trying their best to assist children with disabilities, they might not be aware of areas where they are not in compliance with the law. In other cases, schools are negligent and you will need to take legal action on behalf of your child and to hold the school accountable.