Search
Close this search box.
Search
Close this search box.

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

Vinfast ceo invests 1 billion ev expansion
VinFast CEO to Invest Additional $1B in EV Expansion from Personal Fortune
Apple Lowers Vision Pro Shipment Forecast
Apple Lowers Vision Pro Shipment Forecast Amid Cooling Demand
apple generative ai legal ethical training
Discover Apple's Legally and Ethically Trained Generative AI
Ambani rs 1 streaming plan netflix amazon challenge
Mukesh Ambani Plans to Disrupt Streaming Giants in India for Just Rs 1 a Day
Xiaomi ceo proud su7 75000 orders
Xiaomi CEO Proud as SU7 Lock-In Orders Surpass 75,000

LIFESTYLE

Most Expensive Handbags for Women in the World
Elegance Redefined: 10 Most Expensive Handbags for Women in the World
Gift Ideas for Men
10 Thoughtful and Unique Gift Ideas for Men Who Have Everything
pohela boishakh 2024
Pohela Boishakh: Celebrating Bengali Culture and Heritage Festivities
Korean Beauty Secrets
10 Korean Beauty Secrets for Youthful Energy: Stay Young & Vibrant
Ancient Philosophers Guide to Happiness
Unlocking Happiness: Timeless Lessons from Ancient Philosophers

Entertainment

Ambani rs 1 streaming plan netflix amazon challenge
Mukesh Ambani Plans to Disrupt Streaming Giants in India for Just Rs 1 a Day
taylin gallacher
Biography, Life, Relationship and Career of Taylin Gallacher in 2024
Kim Kardashian Response to Taylor Swift
Kim Kardashian's Three-Word Response to Taylor Swift's Diss Track Reignites Feud
Netflix What Jennifer Did AI Controversy
AI Controversy Surrounds Netflix's True Crime Doc 'What Jennifer Did'
Kellie Pickler's Emotional Stage Comeback
Kellie Pickler's Emotional Stage Comeback After Husband's Passing

GAMING

F95zone
How to Get Started on F95zone and Increase Community Interaction in 2024 [Gamer's Guide]
Haligdrake Talisman
How to Obtain Haligdrake Talisman Locations in Elden Ring [Gamer's Guide]
enjoy4fun
Discover a World of Exciting Gaming in Enjoy4fun [How to Guide]
5 Tips for Signing Up to a Trustly Casino
5 Tips for Signing Up to a Trustly Casino
Online Poker Trends for 2024
Online Poker Trends for 2024

BUSINESS

3.6% Inflation Shortfall in Australia
3.6% Inflation Shortfall in Australia: Rate Cuts on Hold as Prices Remain Hot 
top plastic packaging manufacturer
Which Plastic Packaging Manufacturer Will Be a Good Choice
Analysts Chase Top Delivery Stock
Analysts Scramble to Keep Pace with Leading Delivery Stock
Tesla Hacked
Tesla Disbands New Marketing Team Just Months After Formation: Report
World Richest Families
Power and Wealth: Top 10 World's Richest Families in 2024

TECHNOLOGY

Vinfast ceo invests 1 billion ev expansion
VinFast CEO to Invest Additional $1B in EV Expansion from Personal Fortune
Apple Lowers Vision Pro Shipment Forecast
Apple Lowers Vision Pro Shipment Forecast Amid Cooling Demand
apple generative ai legal ethical training
Discover Apple's Legally and Ethically Trained Generative AI
Xiaomi ceo proud su7 75000 orders
Xiaomi CEO Proud as SU7 Lock-In Orders Surpass 75,000
the emergence of india as a global hub for software development
The Emergence of India As a Global Hub for Software Development and IT Services

HEALTH

Can Tonsils Grow Back After Being Removed? - Tymoff
Can Tonsils Grow Back After Being Removed? - Tymoff
impact of emotional trauma on chronic pain
Who is Most Affected by Emotional Trauma-Induced Chronic Pain?
Intermittent Fasting
Unlocking the Power of Intermittent Fasting: Expert Tips Revealed
disease x
Disease X: Scientists Predict Virus Could Spark Next Global Pandemic
A Comprehensive Experience with Dr. Aravind Bhateja
A Comprehensive Experience at Sparsh Hospital in Bangalore with Dr. Aravind Bhateja