When and Why Do You Need a Special Education Attorney?

Tsadik Law • June 9, 2020

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.

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How Much Does a Special Education Attorney Cost?

By Tsadik Law • November 4, 2020
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. 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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.

5 Reasons You Should Hire a Special Education Attorney

By Tsadik Law • October 21, 2020
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. 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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.

What Is Special Education Law? Everything You Need to Know

By Tsadik Law • June 2, 2020
Are you feeling frustrated with the lack of educational services your special needs child is receiving? Do you think your child’s school is neglecting their duty, but you aren’t sure about special education law? Is your child experiencing behavior problems at school? You are not alone! According to the Disability Statistics Center , six million children in the United States are disabled. The Washington Post reported that every 1 in 12 children in the U.S. has a mental or physical disability. In the State of California, 12.2% of all students receive special education. Autism alone affected only 1 out of every 600 students in 1997-1998. That number has increased significantly and in 2017-2018, every 1 out of 50 students was diagnosed with autism. The increased number of children requiring additional services has led schools to downplay special educational needs. This saves them money because special education services are expensive. The law is on your side. Here is a quick review of laws that protect your special needs child and guarantee their right to receive special education services. Federal and State Special Education Law Federal law establishes the rights of every student who needs special education services. The law requires them to be taught in the least restrictive environment. All students are to be mainstreamed as much as possible. Each special education student is entitled to an in-classroom aide. Your child must also be provided pull-out sessions in special education classrooms if needed. There are many laws that establish the educational rights of a child with special needs. Knowing the law and your child’s rights are imperative to being your child’s best advocate. There are special education attorneys who know the law and can assist you in navigating the legal process. Federal Law Requirements Federal law requires that school districts identify children with disabilities. This is done after a parent, teacher, or other professional requests an evaluation. Your child will be evaluated by a specialist. The specialist will determine whether or not your child has a disability. They must also evaluate whether the disability interferes with your child’s ability to learn. To qualify for special education, the assessment must show a disability. It must also show your child is not able to learn in a standard classroom. Even though the law is on your side, the school district may resist. Special education services are costly. The school will resist the extra expenditure. They will not always do what is best for your child. Individuals With Disabilities Education Act The Individuals with Disabilities Education Act (IDEA) was became law in 1975. This act was originally titled the Education for All Handicapped Children Act. This federal law established a 3-step process for authorizing special education funding to the states. All 50 states meet the federal requirements and participate in IDEA. Under this law, parents and legal guardians have the right to participate in educational decisions regarding their children. There is a wide number of disabilities that establish eligibility for IDEA. To be eligible, the child’s disability must impact their ability to learn in a standard classroom. That disability must be severe enough to require special education for them to succeed in school. Americans With Disabilities Act The Americans With Disabilities Act of 1990 (ADA) requires all public places to be accessible to persons with disabilities. This includes your child’s school. Accessibility includes providing language interpreters, wheelchair ramps, and accessible bathroom facilities. It also requires access to after school events that may not be specified in the student’s IEP. Individualized Education Plan The Individualized Education Plan (IEP) lists the educational needs of the child. The child’s parents, teachers, social workers, and other school officials meet at least once a year to create the IEP. This meeting will include information on where the child has made progress and where they are academically at the time of the meeting. The IEP will set up new goals for the child, as well as the academic plan to help them achieve those goals. The plan should allow the child to receive their education in the least restrictive setting possible. Section 504 of the Federal Act of 1973 Section 504 is an educational plan that may be used for children who do not meet the criteria for full special needs services. The child’s disability affects their ability to learn and is usually medical or physical. Disabilities that fall under this category include walking issues, vision issues, autism, and inability to concentrate. Difficulty with breathing, severe allergies, and diabetes are also frequently in this category. The 504 Plan specifies how the school will accommodate the child’s needs. Assistive Technology Act Program The Assistive Technology Act Program (ATAP) was created in 1998 and reauthorized in 2004. It provides students with disabilities assistive technology. This allows them to participate in their education and daily activities on a level more comparable to their peers. Each state receives grant funding for the act. This allows them to provide services to these children throughout their life. California Special Education Local Plan Areas California requires its school districts to develop special education services plans. This is called the Special Education Local Plan Areas (SELPA). The average cost for providing a student with their education is $9,000, compared to $26,000 for a student with special education services. The extra cost for special education services is covered by state funds. This includes categorical funding, federal categorical funding, and local unrestricted funding. California state government developed a set of four videos explaining state policy on state education. The videos provide information on how schools identify special needs students. They explain what the most common disabilities are. They also explain how California administers and funds special education services. And That’s Not All In addition to the above, there is the No Child Left Behind (NCLB) and the Family Education Rights and Privacy Act (FERPA) laws. States are required by law to provide a free and appropriate public education and equal opportunities to all students. This includes students who have special needs. Special education is used to provide proper educational programs to children with disabilities. This includes mental, physical, and emotional impairment, as well as behavioral disabilities. When students with disabilities have behavior problems in school, they are more likely to be suspended or expelled. They are also more likely to receive physical punishment and be referred to the police than their non-special education peers. Protect Your Child’s Rights Interpreting the law is difficult. When your child is not being treated appropriately or not being properly educated, it is more difficult because of emotions involved. Emotional frustration makes it difficult to successfully navigate the educational system. That is where a special education attorney can help. Your child needs someone who knows special education law and how to advocate on their behalf to ensure they obtain a quality education. We represent families who may not be getting the services required by law. We have the experience and know-how to get schools to meet their legal requirements. Our goal is to make sure your child receives the education they deserve. Reach out to us for a free consultation. Our number is (213) 677-0999. Contact us now !
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