Special Education Attorneys

Special Needs Lawyers

The attorneys at Tsadik Law have years of experience specifically with Special Education Law. We advocate for students who may not be getting the legally required services at school to help a special needs or disabled child get the education they are entitled to. Our primary focus is to help obtain quality educational services for children with disabilities. Furthermore, we assist in informing parents about their children's legally guaranteed rights and ensure that school districts are held accountable for meeting the necessary standards of support and service.

All of the attorneys have a strong record of representing clients and obtaining successful outcomes, by getting the proper services for our clients . We are equipped with the knowledge to compel schools to provide the legally required accommodations, and we have represented hundreds of special education students and their parents. Simply stated: we know how to take on the school system.

There are a myriad of complex laws and regulations about special education programs at school, and finding an attorney who has experience and knowledge in this area is important. At Tsadik Law we take pleasure in helping parents understand what laws and regulations are applicable to their children, what services and supports children are entitled to by law, and ensure that we are in regular communication with you throughout the legal process.

Here are some common issues that children experience at school which may be represented by a special education attorney:

• Issues With Navigating the School Campus
• Inappropriate Classroom Placement
• Speech and Language Deficits
• Challenges With Organization
• Difficulty With Writing
• Lack of Behavioral Support
• Difficulty Concentrating and Focusing
• Lack of Support in the Classroom
• Dealing with Bullying
• Suspension and/or Expulsion
• Social and Emotional Problems

As a parent/legal guardian, you have the right to file a complaint against your child’s school district alleging violations of federal and state education laws. The issue or issues will in most cases be taken to mediation. However, if a resolution cannot be found in mediation, a due process hearing will take place with an administrative law judge. Tsadik Law is ready to offer you the expertise of a seasoned Special Education Attorney who will represent you throughout the entire process, including attendance at the resolution session, mediation, and the due process hearing.

Eligibility Assessment

If you believe that your child requires additional support for having special needs, and has yet to be assessed for eligibility, or if the school has already determined that your child is ineligible for special education services, we can assist you with getting a reevaluation.

How Do I Request Special Education Services For My Child?

If your child has received a diagnosis for any of the disabilities mentioned earlier, or if you suspect that your child may have one of these conditions, it is important to start by requesting an assessment from the school district. The district is obligated to provide a free evaluation for your child. Make sure to submit your request in writing and retain a copy for your records.

Once your child completes the eligibility assessment, the school will arrange an IEP team meeting. During this meeting, the evaluation results will be used to determine your child's eligibility for special education services.

What If The District Claims That My Child Does Not Qualify?

After the assessment and IEP meeting, the District may disagree with your opinion on your child’s need for special education. However, this is not the end, there are several steps you can take. You have the option to finance an independent educational evaluation, which may be eligible for reimbursement from the district following a legal process. Alternatively, you can consult with an attorney, who may determine that a due process request/complaint is necessary.

Special Needs Rights: Laws and Regulations to Protect Your Child

Many families are unaware of the laws and regulations designed to protect the educational rights of children with disabilities. One of the most important of these laws is the Individuals with Disabilities Education Act (IDEA), a federal statute enacted in 1975, originally known as the Education for All Handicapped Children Act. IDEA was established to ensure that children with disabilities receive a Free Appropriate Public Education (FAPE) tailored to their unique needs. The law also provides parents and legal guardians with important rights and protections, including the ability to participate in decisions regarding their child's educational program, services, and placement.

Even with these protections in place, many parents have found that the services, supports, and accommodations their children are entitled to are not being provided by the local school district. Tsadik Law is here to help your family, and make sure that your rights are protected.

Is My Child Eligible For IDEA?

There are legal guidelines that determine if your child is eligible for IDEA services. To qualify for special education services a child must meet the legal criteria of one or more of the following categories of eligibility:

You should take note, however, even if a child is medically diagnosed with one or more of the above disabilities, this does not automatically make them eligible for IDEA. The law stipulates that a child must have a disability or disabilities that affect their capacity to engage with the curriculum and, due to that disability, necessitates special education to facilitate their progress in school. If you are not sure if your child is eligible for special education services, give us a call for an initial consultation, at (510) 457-0242. Tsadik Law can help you decide the best course of action to help your child receive a quality education.