February 2017
2 Things that will help your child with school
We know you don't have a ton of spare time, so we designed our newsletter to have 2 (brief) Things about special education law. Feel free to share. Thank you!
When a client hires a lawyer, communications are protected by the Attorney-Client Privilege and documents created are protected by the Attorney Work Product Doctrine. Thus, in the special ed law context, the school district and it's lawyers cannot get this information.
However, the Attorney-Client Privilege and Attorney Work Product Doctrine do not apply to advocates. This is a huge risk to parents and children with disabilities.
What does this mean for you? This means the school district and its attorneys can get everything the advocate discussed with the parent on strategy, advice, draft documents, and anything else relating to your child with a disability. If you later hire a lawyer to replace the advocate, it also places the lawyer in a difficult position if the school district asks your lawyer to turn over all material created by the advocate.
While advocates serve a helpful purpose in special education, be very careful how involved the advocate is in creating a legal position on your behalf.
30 Minute Consultation
Transportation for Sped Kids
Under IDEA, transportation is a "related service" that must be provided to kids with an IEP.1 Transportation must also be provided to infants and toddlers as part of Early Intervention Services.2 Transportation includes travel between home and school; between schools (if the child attends more than one campus); travel within and around school buildings (if that is a challenge); and specialized equipment like ramps, lifts, or adapted buses if required to transport the child with a disability.3
What kind of transportation will be provided to my child? This depends entirely on what your child's needs are. If your child has Sensory Processing Disorder, he/she may not be able to ride the regular large bus to school. If your child is in a wheelchair or has other physical impairments, he/she might require a specially-adapted vehicle. Alternatively, you as the parent may be reimbursed by the district if you provide the transportation agreed to by the IEP team. These needs should be discussed during an IEP meeting or 504 planning meeting.
If the school district needs to send the child with a disability outside the school for services or places the child in an 'out of district' program or private school, the school district must also provide transportation to those services or program.4
