Special Education Advocacy

What is Special Education Advocacy?

There are various laws that congress has enacted over the last 30 years to make sure that all children with special needs get the professional help that they need in school so that they will become educated and productive members of society. Unfortunately, most schools don’t offer these services, claiming they just don’t have the money. Don’t believe it. A Special Education Advocate is an attorney who knows the law and can get the school to comply.

Who qualifies for “special education”?

Children who have been diagnosed with ADHD, Autism Spectrum Disorders, and Dyslexia are a few examples of children who are entitled to modified learning programs. But any child with a diagnosable disability that affects his or her ability to perform at grade level in the classroom setting may qualify for special education. Even children who are academically gifted in some subjects might qualify for special services in others.

Who pays for the diagnosis?

Any school that receives federal funding (all public schools and some private schools).

When do I need an attorney?

When your school refuses to diagnose your child or provide a child who has already been diagnosed with a disability (learning or physical) with the needed accommodations.

Typically administrators blame the child for being “lazy.” They also tend to blame parents for not being strict enough or caring enough to make sure that their children are doing their work.

Remember, children’s behavior is a form of communication. When they aren’t getting their work done, they are trying to tell us something. And the worst thing we can do is blame them. If you suspect that your child has a learning disability insist, in writing, that the school conduct diagnostic tests.

When they still refuse to provide your child what he or she is entitled to might be the time to consult an attorney who is familiar with the Americans with Disabilities Act (ADA); the Individuals with Disabilities Education Act (IDEA); Section 504 of the Rehabilitation Act of 1973; and the newly enacted No Child Left Behind Act of 2001. These laws require schools to comply or face severe financial penalties.

Top