Spring Issue 2021

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I Need a Lawyer? Many parents with children receiving special education services, have issues with the school system for one reason or another. Perhaps their child is in what they regard as an inappropriate setting (placement concern). Maybe the child isn’t making expected progress in one or more subject areas. There are many possible areas of concern. For some (perhaps even most) instances of conflict, parents are able to work through the problems directly with the school; whether on their own or with the help of an IEP (Individualized Education Plan) Advocate. The IEP Advocate is typically there to provide support/guidance and mediation, if necessary, for the parents, but is not a legal representative. There are situations where, despite the efforts of everyone involved, an impasse comes about and parents are left wondering whether legal representation is their only option. I am pleased to invite Christine Lai, Executive Director of the Special Education Legal Fund, to address this question. Christine Lai wrote A Parents Guide to Connecticut Special Education Attorneys, and much of the information in the guide is helpful for parents regardless of where they live in the United States. 9
“Many parents struggle through the special education process with their child’s school district. For some, retaining a special education attorney is the only way to overcome the obstacle or hurdles in their child’s way to receiving a free and appropriate public education. But what is a special education attorney, and how can I as a parent find the right one for me? A special education attorney is an attorney who practices law on behalf of children and young adults to help secure necessary educational services as required under the law (generally the A special education attorney is an attorney who practices law on behalf of children and young adults Individuals with Disabilities Education Act or IDEA). Special education attorneys can practice on behalf of parents and families as part of the private bar association or as part of an agency like Legal Aid, or on behalf of schools, school districts and boards of education. A special education attorney generally has undergone training that includes college, a law degree, and some type of either coursework or practical experience that addresses the specific needs of special education students. The last piece, coursework or practical experience, is particularly important to consider when a parent is embarking on the process of seeking out and hiring an attorney to represent their child in a special education matter. Special education is a particular specialty of the law and IDEA is a very specific and voluminous piece of legislation with complex timelines and requirements. Hiring an attorney who practices, for example, family law, will to help not get you where you need to be in terms of representation by a lawyer who understands the myriad and complex issues of secure necessary educational services as required under the law. special education. For the same reason that you wouldn’t hire an attorney who practices patent law to defend you in a criminal trial, you shouldn’t hire an attorney with any other specialty than special education or disability rights law to represent your child and family in a special education matter. The other reason to hire a special education attorney to represent your child’s specific issues in the special education realm is because special education law in most states is a relatively small and tight knit community. In Connecticut, the private special education bar is well known to one another; most of the attorneys know each other well and have often worked side by side for many years advancing the rights of students in special education. In addition, the parent-representing attorneys are familiar with the school districts – with the administrators, special education coordinators, in house attorneys, and outside counsel that represent schools, school districts, and boards of education in special education matters. When you as a parent hire an attorney to represent your child’s special education case, the school district will also have legal resources to draw upon. 10
Page 1 and 2: eyond disabilities Spring Issue 202
Page 4 and 5: PLANNING TO SUCCEED Back in my coll
Page 6 and 7: Impulse Control The old adage, “t
Page 8 and 9: Let’s Get Cooking Many kids love
Page 12 and 13: In the complex process that follows
Page 14 and 15: ScHooL and HomE The pandemic has up
Page 16 and 17: There’s an abundance of programs
Page 18 and 19: “Recreational Therapy is probably
Page 20: EXCEPTIONAL SPORTS When parents are
Page 23 and 24: The changes include investing in di
Page 25 and 26: Many children, with a variety of co

Spring Issue 2021

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