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Raising Special Kids is Changing to My Special Kids

Raising Special Kids site is coming down soon - by the end of the month, but don't worry, I am putting together a brand new site from Raising Special Kids - and because that brand is already in use by www.raisingspecialkids.org, I am changing my site to www.my-special-kids.com. I will have the index page up and will rewrite and post the pages as I go along, updating and adding new information and experiences. Stay tuned!

Getting Legal Help

Getting legal help can be a frustrating and expensive road to travel, but knowing what resources are available in your community, how to access them and having enough knowledge to be able to start asking questions puts you miles ahead of most parents navigating the special education legal maze. Here are some ideas to get you started.

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Hiring a Lawyer

As with anything, if you can afford it, hire the best attorney you can find and let them handle the whole mess. I don’t run into that situation too much these days, so if you got it – go for it! Legal help - the kind you pay for isn't cheap! For the rest of us, here are some ideas.

Start with consulting a lawyer, and many offer free or very inexpensive initial consultations where, if you go in prepared, you can see where you stand – legally that is. Remember that they make the money when you retain them, so have your questions ready before you go, and you may be able to get enough information to proceed on your own.
 

Other Resources

Try mediation before getting a lawyer involved. There may be a block somewhere in the communication process that could be cleared up through mediation. If your area is 211 equipped, call and ask about mediation services for special education.

Advocates are available; both free and pay-for-services, in many areas. Check with your local Community Mental Health, 211 services, or with your local Family Involvement Center. That is the function that I performed for a couple years in my community, working through the Children’s Unit of the local Community Mental Health with the families getting services. I worked hard to forge a good working relationship with our local schools, and you would be surprised at how well meetings went with just a little “advocate” influence! My official title was “Family Support Partner (FSP) so you could ask about that too.

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Many communities have free legal help for low income families, and I have referred many families there for legal help, as well as called them myself. They will let you know if they can help you or not, but at the very least, they will answer you legal questions and let you know where you stand and what you need to do. Ask for the number to the Legal Aid Office in your area.
 

Where to Find Help

So, you decide that you do need a lawyer. How do you find one in your area knowledgeable in special education law? Here are some resources that may help:

Wrightslaw Yellow Pages for Kids with Disabilities: Find educational consultants, psychologists, educational diagnosticians, health care providers, academic therapists, tutors, speech language therapists, occupational therapists, coaches, advocates, and attorneys for children with disabilities on the Yellow Pages for Kids for your state.

Nolo’s Lawyer Directory: Directory of lawyers for every conceivable topic that gives you the option of searching by state, county and area of expertise.

The Council of Parent Attorneys and Advocates Inc. (COPAA): Search their Attorney/Advocates database to find COPAA members in and around your state.

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Parting Words 

Legal matters need some kind of legal help, so unless you are a lawyer it would be prudent to talk with someone who has had some experience dealing with special education law, such as a lawyer or advocate.

Do not make the mistake of assuming that the educators at your child's school know the laws. Chances are, they are going by what they have "been told" and have not read the laws themselves. This type of information source is subject to misinterpretation, as well as being inaccurate and outdated.

One of the best internet sources I have found (besides this website!!) is the Wrightslaw website and is usually the first place I go when researching something.



Get Your Own Copy

It is also very helpful to read the actual laws, both federal (IDEA 2004) and your state laws on special education. You can download a copy of the IDEA 2004 here: http://www.nichcy.org/Laws/IDEA/Documents/PL108-446.pdf and a copy of the Regulations & Commentary in the Federal Register (all 307 pages) from the Wrightslaw website here: http://www.wrightslaw.com/idea/law/FR.v71.n156.pdf

Your Comments

If you have your own story dealing with special education law, or comments, tips, suggestions or a great resource -  I would love to hear from you! Use the Contact Us page to get a hold of me and tell me what is on your mind.

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