Home > Special Insights Archive > February - March 2003 > Ask the Lawyer: Judith Gerber, Esq.

When is the best time to speak with a lawyer about my child's special education program?

The answer is: it depends! When your child has special needs, you are forced to be a jack-of-all-trades; most parents know more about their child's disability than physicians, therapists, pscyhologists, and teachers combined. Similarly, if you are savvy about the law that governs and guides the way your child is educated, you will have much greater control over the process.

Not everyone needs a lawyer for this purpose. Disability organizations such as Yad B'Yad, parent advocacy groups, and other professionals are good sources of information. But there are times when a good special education lawyer is what you need.

A lawyer can be an educator, consultant, coach, spokesperson, and/or advocate. Think about the following before deciding if and when you are ready to speak with an attorney:

1. Do you need information, general or particular, about the law? A special education lawyer can educate you about specific issues or the entire process. Remember that as a parent, you are a member of the Committee on Special Education (CSE). When you attend CSE meetings, know how CSE works, how an individualized education program (IEP) is developed, what an IEP should include, and how it is implemented. Be aware of the continuum of services available to children and the school district's duty to place students in the least restrictive environment. Know, too, the timelines under which the district must operate and the "due process" options available to challenge district actions.

2. Do you need help developing your own plan to address your child's educational needs? A special education lawyer can direct you to resources. Some attorneys can help you fashion a proposed program to present to a school district. A lawyer can be a reality check, letting you know what you can expect to receive under the law.

3. Do you need help presenting your position to district personnel? Do you find communications or meetings painful, intimidating, or overwhelming? You may want a lawyer to become your voice -- taking over communications with district personnel by phone, letter, meetings, and/or negotiations. Be aware that different lawyers have different styles; yours may be a gentle yet firm voice or reason or a boisterous advocate! Speak with him/her about your expectations.

4. Do you need help in assessing your options or strategies when working with district personnel? Your lawyer may be your coach, quietly advising you from the sidelines, or more actively joining you at the table. A lawyer may help you uncover strategies that result in win/win solutions for everyone concerned.

5. Are you considering participating in mediation to resolve a conflict? An attorney may consult outside or within.

6. Have you requested a due process hearing against your district? Are you considering this? A due process hearing is an administrative proceeding tantamount to a trial. It is serious, complicated, and filled with implications for a child's future. At this stage, it is a good idea to speak with a lawyer.

7. Will you have to pay for your lawyer's services? Locally, some attorneys such as those at Neighborhood Legal Services or the Law Clinic at the UB School of Law offer high quality services at no charge. Private attorneys typically bill for services on an hourly basis. In some situations, the district may be responsible for some or all of your legal fees. Occasionally, a private attorney may even represent you on a "contingency basis" -- receiving a fee only if it is recovered from the district.

Two last pieces of advice. First, all lawyers are not alike. Special education law is highly specialized. Choose a lawyer with care. Second, it is never too early to speak with an attorney, but, at times, it may be too late. At each crossroad in the process, make sure you are comfortable with your knowledge and direction.

Judith M. Gerber, Esq., is a member of Parent Network's Board of Directors.

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