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.
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.
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.

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.
Return
from
Legal Help to Special Education
|