PROTECTING THE SPECIAL EDUCATIONAL RIGHTS OF STUDENTS WITH DISABILITIES
If your child is struggling in school and you have any reason to suspect that the struggles may be the result of a learning deficit or disability of any kind, you have a legal right to have the school district evaluate your child. An evaluation will determine if he or she is eligible to receive special education support services.
Many school districts, however, try hard to avoid finding that a student is eligible to receive special education services. The district may even tell a student’s parents that receiving special education or having an IEP will harm the student by stigmatizing them. They may claim that an IEP will make them an outcast and harm the student’s future prospects for college.
None of that is true. In fact, receiving appropriate special education services may be just the thing that your child needs to succeed in school and prepare for college or the work place.
Our special education lawyers at the Allen Law Firm provides legal counsel and advice to protect the educational rights of children with a broad array of educational disabilities.
This may include:
- Autism spectrum disorder
- Hearing impairment
- Obsessive-compulsive disorder (OCD)
- Speech and language delays
- Auditory processing disorders
- Emotional disturbance
- Traumatic brain injuries
- Asperger’s syndrome
- Other health impairments or learning disabilities
Our Monterey special education attorneys and advocates are committed to helping children establish eligibility for special education. All children deserve to reap the benefits of the public education system.
To secure the services of our firm, schedule a free consultation when you call (831) 901-3901!
IS MY CHILD ELIGIBLE FOR SPECIAL EDUCATION?
If you believe that your child has a learning disability, it is important to ensure that your child receives special services instead of ignoring the problem.
Here is a quick list of requirements that your child must meet in order to be eligible for special education:
- Must have a disability or disabilities.
- The student’s disabilities negatively impact his/her ability to perform well in educational settings
- The student needs more accommodations than general education can reasonably address
If your child qualifies but the school district is denying them special education, you may need legal guidance.
LEGAL GUIDANCE IN INDIVIDUALIZED EDUCATION PROGRAM
Our Monterey special education attorneys also provide advice and legal counsel for parents of children that are unsatisfied. The children may already qualify for special education, but the services are insufficient. We work with parents to help them understand the rights granted to disabled children under federal and state laws such as the California Education Code, the IDEA, and the Americans with Disabilities Act (including section 504). We help parents prepare to attend Individualized Education Program or IEP meetings so that they are able to be effective parental advocates for their children. In appropriate situations, we also attend the IEP meetings along with the parents.
SPECIAL EDUCATION LAWYER SCOTT ALLEN CAN REPRESENT YOU IN COMPLIANCE COMPLAINTS & HEARINGS
In situations where school districts deny a student the right to a “free and appropriate public education”, or FAPE, or otherwise violate the laws protecting the educational rights of students with disabilities, our special education lawyers represent parents and students in seeking due process to correct the school district’s violations.
The first step in the process is to file a complaint that provides the details of the school district’s violations and saying what the school district should do to correct the violations. If the district and parents are unable to resolve their dispute, the complaint is ultimately decided first by an administrative law judge appointed by the State of California. If the parents are unhappy with court’s decision, our Monterey special education attorneys may also help the parents appeal the decision in state or federal court.
We also represent clients whose conduct related to their disabilities earned them disciplinary actions such as suspension or expulsion.
We can get started with your case as soon as you schedule your free consultation at (831) 901-3901!