Is Your First Grader College Ready?
Eugene Song • April 2, 2015
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A national survey released in May 2020 found that only 20% of parents whose child should be receiving special education services during coronavirus school shutdowns were actually receiving those services. You have many reasons to look for a special education attorney to help you fight for your child’s rights. If you’re concerned about how much it might cost to hire a special ed lawyer, this guide will tell you what you need to know. Find out what to expect in terms of fees and payments and learn why an attorney may be more affordable than you think. Types of Payment Structures Special education attorneys can set their fees and payment structure in several ways. When you have an initial consultation with a lawyer, ask them to explain their fee schedule. Upfront Payments With an upfront payment plan, you’ll pay the fees as the lawyer completes work on your case. The attorney calculates how much you owe based on an hourly wage. Attorneys usually keep track of their time in fractions of an hour. For example, 1/10 of an hour would be 6-minute intervals. Retainer Fee A retaining or retention fee is a deposit you pay in advance. Lawyers usually base their retaining fee on their hourly rate multiplied by a certain number of hours. The lawyer uses this deposit as work progresses on your case. If the final bill would be more than the retention fee you paid, the attorney will recover the additional money from a settlement with the district. No Upfront Charges In this type of payment structure, you pay nothing. The lawyer recovers all fees from a settlement with the district. Sliding-scale Fees Some attorneys charge their clients based on the client’s ability to pay. A sliding-scale fee can be an hourly rate or a flat fee. Lawyers often base their scale on the client’s income and family size as found in the Federal Poverty Guidelines. If you’re concerned about your ability to pay an attorney, ask about sliding scale payments or other alternative arrangements. Hourly Rates and Case Costs Attorneys usually charge between $200 and $500 an hour. An average case takes 20 to 80 hours. The total fee depends on the complexity of the case and how far through the court system it goes. Fees can range from a few thousand dollars to a hundred thousand dollars. The high end of the spectrum is rare. It represents cases that an attorney brings beyond the appellate court level. The average cost of a case in California ranges from $8,000 to $10,000. A basic case may only cost between $3,000 and $5,000. Fee Agreements A fee agreement sets out the payment structure you agree to with your special education attorney. It specifies the type of legal services the attorney will provide and the responsibilities of you and the attorney to uphold the contract. California requires most fee agreements to be in writing. A retainer agreement must fully explain how the attorney calculated the retainer. It should also state how the lawyer will work from the retaining fee. A fee agreement should state whether you’ll be responsible for any additional expenses, like court costs or travel expenses. The fee agreement may also describe the procedure for billing you. Many lawyers bill monthly. You receive a bill or a statement showing the costs for the previous month. If you paid a retaining fee, the statement will tell you how much of your deposit is left. Be sure to read the fee agreement carefully. Ask the lawyer to explain anything that seems confusing or contradictory. Recovering Your Legal Fees The vast majority of special education cases in California settle without a trial. Parents and the school district usually go through due process. State data show 4,854 due process cases in the 2017–2018 school year. Most of these cases settle before going to a hearing. You can bring a due process complaint against the school district if they violate the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act of 1973. For example, if you believe the district isn’t providing your child with a Free Appropriate Public Education (FAPE) as the law requires, you can file a due process complaint. IDEA and Section 504 allow you to recover some or all of your attorneys’ fees from the school district if you prevail in due process. Congress wrote the “Attorney Fee Recovery” provision so that parents could use professional representation no matter their income level. The provision only applies to lawyers, though. If you choose an advocate instead of an attorney, the law doesn’t allow you to recover those fees. You can access a lawyer’s services for potentially less money because of the cost-shifting provisions. The school district has more incentive to settle your case because if they lose in a hearing they’ll have to pay your attorney’s fees in addition to their own. Using a Special Education Lawyer for Your Due Process Complaint Because you may be able to recover your legal costs, using a special education lawyer to bring your due process complaint is a much better option than trying to navigate the process yourself. The relevant laws and procedures are complex. The school district will certainly have an attorney. If you don’t have your own legal counsel, you’ll be at a disadvantage. A lawyer will evaluate the strength of your claim and help you bring the claim that is most likely to be successful. An attorney can also help you negotiate a favorable settlement. The school district has less incentive to settle the case if you don’t have a lawyer. You’re less likely to win the case, and even if you won the district wouldn’t have the added cost of paying your legal fees. Getting the Best Value from a Special Education Attorney Even with a variety of payment structures available and the possibility of recovering your lawyer’s fees from the school district, hiring a special education attorney is an investment. You want to be sure you’re getting the best value. Look for a lawyer with extensive experience in special education cases. In addition to knowledge of relevant laws and court decisions, a special education lawyer should be familiar with local school districts, service providers, and evaluators. You want a lawyer who understands local customs and the educational options that are available. Tsadik Law is a dedicated special education law firm. We’ll honestly evaluate your situation and advise you on the best course of action. We’ll clearly explain our fee structure so you know what to expect. Contact Tsadik Law to schedule a consultation and find out how we can help you get the best outcome for your child.
Around 13.7% of public school students get special education services of some kind. That’s around 7 million students across the nation. Just like every other student, children with special education need to enjoy the guarantee of free and appropriate public education. It’s protected by federal law under the Individuals with Disabilities Education Act . For students with disabilities, this typically takes the form of an individual education plan or a 504 plan. Unfortunately, not every school embraces these plans, and some become hostile when parents press for them. Parents often need a special education attorney in that situation. Worried your child’s school might not provide adequate special education? Keep reading for five situations where you should hire a special education attorney. 1. The School Refuses to Provide an Assessment In theory, a teacher will notice that your child faces a challenge or delay in their education progress. The teacher will then ask the school for an assessment, typically in consultation with you. The school then gives your child an assessment. In ideal circumstances, the assessment will determine if your child needs special education services. In practice, things can often look very different. Teachers often report that they work long hours beyond the school day and on weekends. This limits the attention they can give any one student. That means that parents may prove more likely to notice if their child struggles. That leaves many parents fighting an uphill battle. You must convince a teacher or school that your child’s situation warrants an assessment. Some schools may refuse the assessment. Some do this because the assessment can leave them on the hook for granting additional resources. If your school refuses the assessment, a special ed attorney is often the right next step. 2. You Meet Resistance from the School Providing special education for a child under an IEP or a 504 plan pulls a school away from the standard model. The standard model lays out a set of costs per student that the school uses for budgeting. That means that educating your child will cost more money in terms of materials or teaching resources. Even if your school means well, they may resist those additional costs . The school may also lack a solid IEP team that helps them navigate the divide between costs and services. Whether the school likes it or not, they must provide your child with the appropriate resources. This doesn’t necessarily mean every cutting edge option. They must, however, set aside resources that provide educational progress. If your school takes a firm stance against providing these resources, you should contact a special education lawyer. 3. The School Doesn’t Follow the IEP Your child’s IEP flows out of a collaborative process between you and the school. You and the IEP team work out what resources will offer the best chances for educational improvement. At that point, it’s on the school to provide those resources for your child. For example, the school must offer those resources in the least restrictive environment. That means your child spends as much time as practical with peers who don’t need special education. So, let’s say that your school places your child in a special ed class all day. This ignores the basic principle of LRE. Perhaps the IEP mandates more computer-based learning. The school must make a computer readily available for that process. If the school ignores IEPs in whole or part, it opens itself up for special education lawsuits. 4. Suspensions or Expulsions Children who need special education resources will often act out in disruptive ways. In theory, the IEP or 504 plan accounts for this possibility. For example, a child on the autism spectrum may react badly to physical contact. This reaction is a predictable one. The school should take steps to limit contact. Some contact is almost unavoidable in a public school. That makes the occasional outburst a normal part of that child’s education. Unfortunately, some schools will use these kinds of disruptive behaviors as an excuse to suspend or expel students. This almost always involves a manifestation hearing. You want a special education attorney present for these hearings. They’re in the best position to find experts and bring the law to bear on your child’s behalf. 5. The Process Leaves You Overwhelmed Getting your child the special education services she needs can grow complicated. You can find yourself fighting the school at every step. That can mean countless meetings and hearings. It also means you must develop expertise in special education regs and processes. That’s a tall order for any parent. You must also contend with the emotional cost. You can find yourself understandably stressed. That stress can make it difficult for anyone to calmly deal with hearings or meetings with school officials. Special ed attorneys deal with these situations regularly. That lets them navigate the process with legal expertise. They can file paperwork or draft letters that hit the right legal notes. They can also help provide you with an emotional sanity check during high-stress moments. A special-ed attorney will typically remain calm, which can help you stay calm as well. Deciding if You Need a Special Education Attorney Hiring a special education attorney can feel like a step of last resort. Once you hire a lawyer, it may seem like a lawsuit is one step away. Fortunately, that isn’t the case. In the situations described above, a lawyer often serves as a guide in the process. They help you navigate the system. They also serve as a legal-sounding board. They can call out the school for ignoring regulations or failing to fulfill their obligations. Think you need a special education lawyer to help your child with their California school? Contact Tsadik Law today for a consultation.
In the United States, almost 14% of students who attend public schools have a learning disability. In the State of California, almost 800,000 students receive special education services at a cost of $13 billion dollars per year. Student accountability data show poor outcomes for students with disabilities in California. There are both federal and state laws that require schools to provide all students with an appropriate education. When the school is not providing services to your special needs child, you need a special ed attorney. A special ed attorney can help you navigate the laws that protect your child’s legal and constitutional right to receive an education in the least restrictive setting. Here are a few areas an attorney can help you advocate for your child to receive fair treatment and special education services. What a Special Ed Attorney Can Do The four-year graduation rate is lower for students with disabilities than any other student group. More disturbing is that special needs students have a suspension rate that is almost double the California state average. Here are just a few of the ways a special education lawyer can help your child get the education they are legally entitled to. When the School District Resists You know the law is on your side. Your child has been confirmed to have a disability that prevents them from learning in a standard classroom setting. A 504 Plan or Individualized Educational Plan has been set up for your child’s education. This should be a cooperative process with all people working to achieve the best setting for your child to receive an education. Unfortunately, schools have a tendency to resist providing services that require the school district to spend more money to meet your child’s needs. The school may want to take a cookie-cutter approach to your child’s education rather than working to meet the individualized needs of your child. When a school district fights you on providing appropriate services to your child, that is when you need to consult with a special needs lawyer . IEP and Section 504 Assistance Your special ed attorney will review your child’s records and their Individualized Education Plan or Section 504 Plan. The attorney will write letters and file anything needed to secure your child’s rights in the IEP process. Your attorney can attend the IEP meeting with you. Their presence will help alleviate the emotional impact and tension you feel fighting for your child. A special education lawyer is comfortable dealing with controversial subjects in a non-emotional manner. They will present the law to the teachers, social workers, and administrators in a way that encourages them to comply and meet their obligations to your child. If the school continues to resist, your attorney will file the appropriate complaint and represent you at a special education hearing. Your lawyer will be able to locate expert witnesses if they are needed. Expert witnesses may be used to dispute the school’s interpretation of your child’s assessment. Often hearing officers accept the schools’ interpretation of the medical or educational assessment as valid. The hearing officers may also deny you the ability to submit anything that supports your side. Your special education lawyer will know how to get all documents admitted into evidence that supports your case. They will make sure expert witnesses are allowed to testify. Having an attorney who knows how to navigate the legal process will put you in a better position should an appeal be necessary. Prevent the School to Prison Pipeline If your child is having behavioral issues at school the attorney can help your child avoid what is termed the “ school to prison pipeline .” This term is used to describe a national trend that pushes children out of school and into the legal court system. It begins when the child is young and experiences behavior problems at school. The school punishes the child for their behavior and pushes them into the juvenile justice system. The pattern continues as the child grows into a teen and adult. Eventually, the child ends up in the adult criminal system. The majority of children who follow this pattern suffer from learning disabilities. What those children need is additional educational services or counseling. If schools increased services to these children, most would change their behavior and lead productive lives. This is where an attorney who specializes in special education can help. They will advocate for your child and get the school to take appropriate action to meet your child’s needs. This may include getting the teachers to provide the accommodations stated in the IEP or 504 plan. It may also mean getting your child moved to a different class or reviewing underlying issues that are creating a behavior problem. When to Call an Attorney You may be hesitant to contact an attorney for special education because you don’t know what warrants legal intervention. An attorney whose practice area is focused on special education will review your position and the child’s educational documents. They will provide you with a legal assessment of your situation. There is no wrong reason to call an attorney. Here are just a few of the reasons you will want to schedule a consultation with a special education attorney . You are unable to reach an agreement on your child’s needs at the IEP meeting Your child is at risk of being suspended or expelled Your child is failing school Your child has been injured at school Your child is being bullied or discriminated against Your child is not making appropriate progress You think your child needs special education, but the school district is uncooperative The school district has an attorney at meeting regarding your child You want to appeal the administrative special education decision You need to file a complaint against the school district If you believe the school is retaliating against you or your child These are just a few of the issues that may arise when you have a child that requires special education assistance. If you feel the school district is not fulfilling their obligation to provide your child with an education appropriate to their abilities, schedule a free consultation .' You Are Your Child’s Best Advocate There is no better advocate for a child than their parent. To best advocate for your child, you may need the assistance of a special ed attorney who knows both special education and legal law. At Tsadik Law we represent parents and guardians of children with special needs in northern and southern California. Our firm concentrates exclusively on special education law. Our goal to make sure your child’s educational needs are met. Call us today at (213) 677-0999 and schedule a free consultation.