At the heart of the Lavian Law Firm lies a profound commitment—a commitment to ensuring that you and your child are not just informed but empowered with the indispensable tools and knowledge needed to navigate the intricate landscape of your child’s education. We embrace this mission, recognizing that the decisions surrounding your child’s education will shape his or her future.
Our advocacy is more than a legal pursuit; it’s a passionate dedication to safeguarding the educational rights of your child. We bring forth an aggressive stance on behalf of our clients, safeguarding precious resources and fostering collaboration with school districts.
When you reach out to our office and we decide to work together your child is not just represented but championed. We grasp the emotional weight of these moments, and our commitment extends beyond legalities—it’s about standing with you, shoulder to shoulder, to secure the education your child not only needs but deserves.
Special Education Due Process Proceeding
After we meet with you and you have retained us to represent you, our first step is to review your child’s educational records to determine if there has been a violation of your child’s right to a free and appropriate public education. If so, then we will file a Due Process Request for Hearing and Mediation. The school district will then have 15 days after receiving the complaint to contact our office to schedule an Early Resolution Meeting. At this meeting, all parties attempt to reach an agreement. If one is not met, then mediation is the next step. Finally, a hearing is held if mediation does not lead to a consensus.
Special Education Laws & Services
Individuals With Disabilities Education Act (IDEA) Explained
Every child is different, and some children require extra assistance to reach their potential. While numerous state and federal laws address the role of education and the rights to which students are entitled, some are more frequently addressed than others, and the Individuals With Disabilities Education Act (IDEA) is an advocacy mainstay for children with disabilities
The IDEA has significantly influenced the field of special education law across the United States. It establishes a clear framework outlining the entitlements of children with disabilities under the law. The enforcement of rights established by IDEA has played a pivotal role in ensuring that many children receive the education they rightfully deserve.
Free and Appropriate Public Education (FAPE)
Under the IDEA, all children are entitled to free and appropriate public education (FAPE). FAPE applies to children with disabilities and mandates that they receive specially designed instruction. It also establishes that a child with disabilities should receive additional services when needed, such as speech, occupational therapy, and physical therapy. Parents cannot be charged for the services the child needs, and the child must receive any required accommodations.
Least Restrictive Environment (LRE)
A child must be able to learn in the least restrictive environment (LRE) possible. An LRE means that a child with a disability has the right to be kept in a classroom of their typical peers unless being separated is the only way to receive the education that meets their unique needs. In other words, a child cannot be placed in a separate space from peers based on the fact they have a disability. Separation from peers must be necessary. Due to the different needs of each individual child, LRE can look different from one child to another.
Child Find
Not only must a public school district provide certain services when requested by a parent, but they must also seek out children with disabilities and evaluate them. This applies to all children from birth to age 21.
Early Intervention Services
Under the IDEA, early intervention services must be provided to children under the age of three if they are experiencing developmental delays or suffer from certain medical health conditions. These services will vary based on the individual needs of each child.
Contact Our Firm To Speak With A Special Education Lawyer
You do not have to fight alone for the special education services your loved one deserves. Contact Lavian Law Firm, APC, and speak with attorney Sherry Lavian. She can review your case and shed light on the best way for your family to move forward. We may be reached via our contact page.