Hiring a Lawyer to Enforce a Child’s Rights in the Area of Special Education

Chidren Rights for Special Education

Whenever your child is not receiving the correct educational level because the school or district has refused to correctly place them or provide them with special education classes, you have the right to file a claim and request a hearing to correct the situation. As the process can be complex, you should ensure you are properly prepared, which is why hiring a special education attorney is in your best interests. 

Make Sure Your Complaint Is Specific

Tully Rinckey can assist you with the preparation of the specific complaint you wish to make. Clearly articulating your complaint and detailing what led to your complaint in as much detail as possible is crucial, including the specific circumstances that led to you making this complaint. The hearing officer will make sure that all information you provide will be read by him/her so that there will be no omissions.

Complaint Regarding Due Process

If you are not satisfied with the outcome of the hearing before the officer, you can file a complaint that will lead to a due process complaint. Essentially, a hearing is a process similar to a court case, but less expensive and more efficient, that evaluates whether or not your child has been offered the correct educational opportunities in your local area.

The Options You Have Before The Hearing

There is no guarantee that submitting a complaint will lead to you appearing before a hearing officer just because you filed a complaint. Sometimes on the part of the school or school district, a settlement will be reached outside of the hearing process. If you find yourself in this situation, you might want to consider mediation where both sides will have the opportunity to negotiate back and forth without having to commit until they have reached an agreement.

The hearing will continue as scheduled if both sides cannot agree. In either case, Tully Rinckey professionals will be with you from beginning to end and will ensure that you are well-advised through the process.

What You Should Do Before Your Hearing

Spending time gathering evidence for your hearing requires a lot of investigation into what happened, as well as taking the appropriate steps to prove your credentials. The hearing officer will need to be convinced both that your claim is valid, as well as that your child did not receive every educational benefit that he or she was entitled to.

We need to prepare by performing the following steps:

  • ·       Evidence to support your claims – Include any written correspondence with school administrators, teachers, or parents. Documentation of test scores or placements, class descriptions, and other relevant information can all be used to support your application.
  •  
  • · Obtain the opinion of an expert witness– Your family physician, for instance, could be an expert witness, testifying to the reasons why your child needs a special education program to meet his or her educational needs.
  •  
  • ·   Prove that harm has been caused – before Tully Rinckey can assess whether you are eligible for reimbursements or compensation for services beyond having your child placed into the appropriate classes, Tully Rinckey needs to make sure we gather evidence to prove that your child has sustained harm or financial loss. This may include receipts for a private tutor, the cost of private school tuition you have paid, and anything else related.

Paying All The Expenses

Legally, you are entitled to collect the following financial compensation if you win:

·       A reasonable fee for the attorney

·       Tutoring fees or educational expenses for private tutors

·       Future educational opportunities with in-kind contributions

Keeping Your Child Safe

Having an attorney on your side who is familiar with special education could ensure that the school district honours the “Stay Put” provision for your child so that they will not be negatively affected during the arbitration process. Contact a lawyer experienced in family law and special education if you think that your child’s education rights are not being represented.

 

 


Subscribe to Our Newsletter

Related Articles

Top Trending

how to set smart goals
How to Set SMART Goals You'll Actually Follow Through On
Best Google Maps Alternatives for Travelers
8 Best Google Maps Alternatives for Travellers
On This Day October 20
On This Day October 20: History, Famous Birthdays, Deaths & Global Events
Best Apps for Finding Airport Lounge Access
10 Best Apps for Finding Airport Lounge Access
Loot Box Legal Questions Issues Gamers and Developers Should Know
8 Legal Questions Surrounding Loot Boxes and Gaming Rewards

Technology & AI

Digital Legacy What Happens to Your Online Accounts After Death
What Is a Digital Legacy: What Happens to Your Online Accounts After Death?
best tablets for kids
12 Best Tablets for Kids: Parental Controls, Durability and Value Compared
How to Spot AI Generated Photos Before You Share Them
How to Spot AI-Generated Photos Before You Share Them
Follow-Up Rules for Outreach
8 Follow-Up Rules for Outreach That Isn't Annoying
AI chatbots for study planning
12 Ways to Use AI Chatbots for Study Planning

GAMING

Loot Box Legal Questions Issues Gamers and Developers Should Know
8 Legal Questions Surrounding Loot Boxes and Gaming Rewards
Who Owns In-Game Items Skins, Purchases, and Virtual Assets
Who Owns In-Game Skins, Purchases and Virtual Assets?
Mobile Gameplay Recording Apps
8 Apps for Recording and Editing Mobile Gameplay
Esports Legal Issues Every Player Should Understand
9 Legal Issues Every Esports Player Should Understand
Basketball Video Analysis Tools Coaches Use to Review Games
6 Video-Analysis Tools Coaches Use to Review Basketball Games

Business & Marketing

Crypto Token Launch Marketing
Crypto Token Launch Marketing: From Pre-Sale, TGE, Listing to Post-Launch
data risks for installing free browser extensions
9 Data Risks When Employees Install Free Browser Extensions
Crypto and Blockchain Trends to Watch
10 Crypto and Blockchain Trends to Watch in 2026
marketing books that aged well
10 Marketing Books That Aged Surprisingly Well
Registered Agent Services to Compare Before Forming an LLC
6 Registered Agent Services to Compare Before Forming an LLC

EdTech & E-Learning

How To Evaluate An EdTech Tool
How to Evaluate an EdTech Tool Before You Commit
how to homeschool with apps
How to Homeschool With Apps: Build a Digital Curriculum
assistive technology in early learning
What is Assistive Technology in Early Learning: Examples and Benefits
best typing programs for kids
10 Best Typing Programs for Kids: Free and Paid Options That Teach Real Skills
homework help apps for kids
10 Best Homework Help Apps That Don’t Do the Work for Them

Software & Apps

Best Google Maps Alternatives for Travelers
8 Best Google Maps Alternatives for Travellers
Best Apps for Finding Airport Lounge Access
10 Best Apps for Finding Airport Lounge Access
Inventory Apps for Etsy and Handmade Sellers
8 Best Inventory Apps for Etsy and Handmade Sellers
Best Food Discovery Apps for Travelers
15 Best Food Discovery Apps for Travelers Around the World
3d virtual tour apps for real estate listings
10 Best 3D Virtual Tour Apps for Real Estate Listings