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Special Education Law Tips

April 2016
2 Things that will help your child with school

Since we know that parents of special needs kids don't have a ton of spare time, our newsletter is designed to be short but sweet.  Enjoy these 2 Things and if you know someone who will also benefit from these tips, please feel free to pass it along.  Thank you from all of us at SchoolKidsLawyer.com!
"Highly Qualified"
One of the benefits of the No Child Left Behind Act is that it enhanced the special education law, IDEA.  Anyone employed as a special education teacher must be "highly qualified".  The law defines that as a teacher who has obtained a state certification in special education or holds a license as a special education teacher.  The law requires that states set qualifications for obtaining such certification or licensure.  Similarly, any person who provides related services to special education (speech therapy, reading therapy, physical therapy, etc.) must also meet state-approved certification or licensing.  If your child attends a "Title I" school (ask if you don't know), then you're also entitled to know whether your child's special ed teachers and service providers meet the qualifications. You may have a claim against the school if they are not staffing the special education services appropriately.
What is Due Process?
Due process, in special education terms, is a lawsuit (or "litigation") against a school, a school district or the state department of education for violating special education laws. It usually occurs when a dispute between the parent and the school can't be resolved. Parents shouldn't file for Due Process without assistance from a special education lawyer.  A due process hearing is very much like a trial, where you put on witnesses and evidence to prove that the school has failed to provide your child with a Free Appropriate Public Education (FAPE).  Typically the allegation is that the school has not created an appropriate Individualized Educational Program (IEP) for the child or has not implemented the IEP correctly.  It may also be used when the school doesn't follow proper protocols in recognizing the civil rights of a child with a disability and his/her parents.  
Our upcoming events:

2016 - Publication of our SchoolKidsLawyer's Guide to Special Education Law: Workbook for Parents, Advocates and Lawyers
LOOK FOR LAUNCH ANNOUNCEMENT SOON!



If you have a group or organization that is interested in hosting a special education seminar, please contact us at info@schoolkidslawyer.com.

School Kids Lawyer

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