The legal ABCs of back to school: What is a special education attorney?

Stephen J. Lacey
·3 min read

All parents want to see their child succeed in school, even more so when their child has special needs. While most children may not need a attorney to ensure that they are receiving a quality education, parents of a special needs child may want to consider doing so.

An attorney who specializes in special education law or special needs law can give parents peace of mind by making sure a school is doing everything it should be to give a child with special needs the best education possible. There are requirements that the state and federal governments have for public schools to follow that are put in place to make sure every child receives the education that he or she deserves.

Free Appropriate Public Education (FAPE)

The Rehabilitation Act of 1973, section 504, was created to remove discrimination against children with disabilities or special needs at school. The Individuals with Disabilities Education Act of 2004 took the previous act to the next level by requiring schools to give eligible students with disabilities Free Appropriate Public Education (FAPE).

While it is not required, hiring an experienced special education attorney can help relieve some of the stress parents may feel, whether it is drafting the IEP, attending in-person meetings with the school to help advocate for the child, or helping with any other concerns about a special needs child’s education.
While it is not required, hiring an experienced special education attorney can help relieve some of the stress parents may feel, whether it is drafting the IEP, attending in-person meetings with the school to help advocate for the child, or helping with any other concerns about a special needs child’s education.

Schools must identify the students with learning disabilities and ensure that they are taught in classrooms that cater to the specific needs of each child. If these requirements are not met, a parent can take legal action against the school because their child is not receiving the education that he or she should be receiving. While a parent could try to tackle the task of dealing with the school administration in hopes of fixing the issue at hand, it takes time and energy that they may not have. This is where having a special education attorney can be extremely beneficial.

Individualized Education Plan (IEP)

An Individualized Education Plan (IEP) is a legally binding document between the school and a special needs child that outlines what is needed for that child to succeed in their education.

A parent can request that an evaluation is completed to figure out what special needs a student has, the school can also contact the parent to let them know an evaluation may be necessary because a child might not be diagnosed before he or she attends school.

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An annual IEP is created to ensure that the student’s plan changes as the child grows, without this a student may fall behind in school. Parents meet with school officials, teachers, and any other person needed to go over what everyone can do to improve the child’s education and set up goals to help the child in school. This plan can include anything that is necessary for the child to succeed, whether that is different learning styles or other needs that a child might have to be in a comfortable and safe learning environment.

While this may seem straightforward, the hardest part is making sure the school continues to stick with the plan past this meeting. An experienced special education attorney can help with this process by advocating for the child and creating a set plan that the school must follow throughout the school year.

While these are not the only things that a special education attorney can do for a parent and child, it is some of the most important work that is done by this type of attorney because it directly affects the child’s educational development.

Stephen J. Lacey, JD, LLM, is a member of the law firm Lacey Lyons Rezanka. His practice areas focus on estate planning and probate.
Stephen J. Lacey, JD, LLM, is a member of the law firm Lacey Lyons Rezanka. His practice areas focus on estate planning and probate.

While it is not required, hiring an experienced special education attorney can help relieve some of the stress parents may feel, whether it is drafting the IEP, attending in-person meetings with the school to help advocate for the child, or helping with any other concerns about a special needs child’s education.

By talking to a special education attorney, a parent can be informed about what decisions they are able to make for their child both in and out of school.

Stephen J. Lacey, JD, LLM-Tax, is a managing member of the law firm Lacey Lyons Rezanka in Melbourne, Florida. Lacey concentrates his practice in the areas of estate planning, probate, asset protection, elder law, Medicaid planning and trust administration. Contact Attorney Lacey at 321-608-0890 or visit www.LLR.Law.

This article originally appeared on Florida Today: Back to school: What is a special education attorney?