Choosing a special education lawyer is no different than picking out a doctor or an accountant. You want to do your homework. Special education law is nuanced and complex. Practicing special education law requires not only an understanding of state and federal laws and regulations, but also a deep understanding of educational, psychological and psychiatric assessments, as well as progress monitoring and data collection. A special education lawyer should be able to advocate for your child in the school setting (i.e. during an Individualized Education Plan meeting) but also through more formal means such as a due process hearing. Ideally, you are looking for someone who has the experience and the reputation to collaborate and communicate with the school district and those who represent it.
Where do I start?
- Ask for recommendations: Reach out to other parents of children with disabilities in your community or at your child’s school, look at local parent Facebook groups for your school district or township, ask special education professionals such as your child’s speech and language therapist or occupational therapist, or contact advocacy organizations such as COPAA or your local Arc organization.
- Research potential attorneys: Before hiring an attorney, take the time to research the individuals who practice special education law and how successful they have been in their area of expertise.
- Interview potential attorneys: Having an attorney align with your goals is critical.
- Ask how many years they have been practicing. Ask about their litigation (due process) experience, if applicable, and their success rates. *You can look up attorneys and hearing officer decisions on the Pennsylvania ODR Website. Ask about their settlement experience and successful outcome history. Ask about their availability to attend in person meetings and hearings, if applicable.Ask about their fees.Ask about their communication style.Can they assess your case’s likelihood of success after reviewing records?Do they have experience with IDEA, Section 504, and other relevant special education laws?Do they have a good relationship with the school districts and the attorneys who represent them?
- Have they presented on topics related to special education? Look at COPAA’s presentations taught by nationally renowned lawyers.
How can we help?
Finding the right support and services for your child can feel overwhelming. Cherkas Metcalfe Law is devoted to assisting students, children, and their families in their legal matters. Our dependable team of attorneys, advocates, and staff will provide experienced and compassionate representation for your case. If you would like to reach out to us, please contact us here. We look forward to working with you.
The information within this article is not, nor is it intended to be, legal advice. Please consult an attorney for individual advice regarding your personal situation.