Hiring an Attorney to Enforce a Child’s Special Education Rights Website By Law Office of Laurence J. Brock, California

Due Process Complaint You have the right to file a due process complaint which will lead to a hearing before a designated officer. Similar to a courtroom proceeding, but less costly and more time efficient, the purpose of the hearing is to determine whether your child has had access to the correct educational opportunities. 

 You do not have to go before a hearing officer alone. Instead, we can represent you during the hearing and ensure that your case is presented fully and accurately.Be Specific in the Complaint We can assist you in preparing your specific complaint. It is critical that you are able to clearly articulate your complaint in the fullest detail possible, including what led you to this point. Everything you submit will be read by the hearing officer, and we will make certain that nothing is omitted.Prepare for Your Hearing Preparing for your hearing involves spending time investigating what happened and gathering the appropriate evidence to prove your case. 

We will need to convince the hearing officer both that your claim is valid and that your child did not receive his or her entitled educational benefits.To prepare, we will need to perform all of the following steps:Gather Evidence 

– Provide any written correspondence you have had with the school, teachers, or administrators. Documentation on test or placement scores, class descriptions, and more can all be used to build a strong case.Speak with Expert Witnesses 

– Your child’s doctor, for example, could be an expert witness, testifying to the reason why your child needs to be part of a special education program. Prove Harm 
– If you are going to seek reimbursements or compensation beyond having your child placed in the appropriate classes, we will need to gather evidence to prove harm or financial loss. 

This may include receipts for a private tutor, the cost of private school tuition you have paid, and anything else related.Options Before the Hearing Just because you file a complaint, it does not necessarily follow that you will end up before a hearing officer. Very often the school or school district will try to settle the case outside of a hearing. 

In this situation, we can pursue mediation where both parties are able to negotiate back and forth without a binding commitment until an agreement has been reached.If both sides do not agree, the hearing will proceed as scheduled. Either way, we will represent and counsel you every step of the process.Covering Expenses If you win, the law allows you to collect financial compensation for the following items: 

Reasonable attorney’s fees Cost of private tutoring or educational expenses In-kind contributions for future educational opportunities You Have Two Years It's critical that you file your claim immediately because there is a two-year statute of limitations on special education cases. If you do not file in a timely fashion, you may be unable to do so or at least be unable to recover any form of reimbursement or compensation.Protecting Your Child An experienced special education attorney can work to ensure that your school district honors the “Stay Put” provision so that your child is not impacted during the dispute process. If your child’s educational rights are not being represented, contact an atto.

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"Robin Hood" Faces Scrutiny Again in 2017 Session in Texas

The Texas Tribune reports that some property-rich districts are facing new challenges related to recapture this year, which means that pressure is mounting on the legislature to make changes to the system when it convenes in 2017."The frustration is particularly rife in the state’s largest school district, Houston, which is making its first-ever “recapture” payment this year because the state now considers it too property-wealthy. 

The obligation — estimated at more than $160 million — drove a $95 million shortfall the district is closing by cutting funding to some campuses, along with administrative and tutoring positions and a controversial teacher bonus program.Officials there are calling for a vigorous lobbying effort, as are those from other large and politically powerful school districts such as Austin, which has seen recapture payments skyrocket over the years amid rapid property value growth and declining student enrollment. 

The state’s sixth-largest district is expecting to send more than $400 million to the state this year." [see https://www.texastribune.org/2016/08/30/rich-schools-hope-houston-topples-robin-hood-plan/]The issue doesn't just affect large districts such as Houston. In fact, the Texas Tribune reports that this year will be the first year that some small districts in the Eagle Ford Shale - which experienced increased revenue during the recent oil boom - will have to make recapture payments. Unfortunately for these districts, the oil money is largely gone, leaving them with even bigger budget shortfalls than ever before.

 While seen as an unfair burden by some wealthy districts, recapture is seen by poorer districts as a vital, if flawed, mechanism to ensure equity in school funding across the state.In a recent column in the TribTalk blog, Ray Freeman, deputy executive director of the Equity Center, argued that recapture is a necessary aspect of the school funding system."[L]et’s just suppose we do away with recapture. In order to do so, the state must either increase the state budget significantly to make up for the loss in revenue — to the tune of $2 billion per year, according to TEA district recapture projections for fiscal year 2017 — or the state would need to come up with other revenue streams. 

Maybe they would decide a statewide property tax is the answer, or perhaps an income tax, or doubling the sales tax. Or maybe the revenue loss would be made up for by reductions in state spending across the board, in transportation, healthcare, water. Or perhaps just public education spending would suffer." [see https://www.tribtalk.org/2016/11/10/eliminating-the-texas-school-finance-stigma/]If the legislature chooses to make major overhauls to the system in the upcoming session, Freeman believes that they may have to look beyond recapture and consider bigger issues."Ultimately, recapture itself is not the problem 

— and never has been," Freeman wrote. "One could argue the state’s overreliance on local property values as a primary funding source for Texas schools is the problem, but as long as that is our system, recapture will be necessary." [see https://www.tribtalk.org/2016/11/10/eliminating-the-texas-school-finance-stigma/]ABOUT THE AUTHOR: Jake PoseyThe Posey Law Firm PC, led by Jake Posey, is a sharply focused government relations and business law firm based in Austin, Texas. 

The firm’s government relations practice advises clients and advocates for the successful development of public policy in the legislative, judicial, and executive branches of Texas government.Representing Fortune 500 companies, respected market leaders, and some of Texas’ leading state associations, Mr. Posey’s mission is to diligently deliver strategic business, political and legal solutions for his clients.

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What Should I Do? The School Is Failing to Implement the IEP for My Child

While many school administrations may fail at correctly implementing these, there are several strategies that have proven effective in solving the issues that have been found by parents with the school. It is important to ensure a peaceful atmosphere when discussing these matters to prevent disruptive emotions from creating further difficulties. 

It is with communication and cooperation that it is usually possible to correct previous concerns with IEPs that children need to learn effectively.Building a Supportive TeamIt is important to advocate for the child through proper channels. When a school is not being compliant with an IEP, it may be necessary to hire an advocate for the IEP and propose legal action. This may be the only route available for some. All information should be copied to the superintendent of the school so he or she is aware of the ongoing issues. 

The affected child should be aware of what is in the IEP so he or she understands what may be requested from teachers. Some parents may need a special-education advocate to observe the youth in class. Initially, it may be most fruitful to contact the IEP teacher. A meeting to discuss the importance of following an IEP may open the eyes of the teacher. If this does not work, his or her director may be needed to sort out the specifics. 

The IEP is a legal document, and the special-education director is usually swift in resolving the matter. Integration in the School To assist in ensuring the child of the parent is taken care of, he or she may need to volunteer and become active in school life. 

This may be through working in the child’s class, observing from a distance or joining programs within the administration. Day-today activities and details of the school should be followed through involvement. If certain actions such as checking off homework must be performed, these should be followed. When the parent is following IEP guidelines, it is easier to explain the important to the teacher. 

This is why leading by example is essential for a child that has certain learning needs.Working with TeachersCommunicating and working with teachers in ensuring services are received every day by the child is imperative. A copy of the IEP should be provided and followed by these teachers. After a few weeks, there should be enough information to understand what may be transpiring. 

Daily tasks are reminders that the IEP must be adhered to so the youth learns at his or her best. An exchange of e-mails may be more beneficial in keeping in touch and touching base with these teachers. It may take time, but after so long the educators may realize that the parents are involved and concerned about the welfare of the young person. 

 Realistic Expectations for the ChildIt is especially important to set realistic expectations for both the parent and the child. If the school is not able to provide the accommodations set forth in the IEP, additional steps may need to be taken. If an adjustment must be made to an existing IEP, it should be done so that the school is capable of providing the services available and possible for the youth. However, if the school is not receptive to ensuring the IEP is followed, there is little that can be done to change things at that particular facility. 

At that point, further action may be necessary.Other OptionsA clear level head and positive thoughts are important to keep when working with administration in schools. Some proposed actions are not received well just because they are not what the school has provided before. However, if the IEP has acceptable and possible tasks and services through the school, a positive attitude may convince others to follow it and ensure the child learns how he or she is capable of doing.If the services are not possible at one school, it may be time to choose another that may ensure the best possible learning environment for the child. When these services in the IEP are reasonable and may be performed by the school but are not, a lawyer may be the best person to contact for a suit against the administration. A consolation may determine this.

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My School Lost Accreditation After I Graduated, Is My Degree Valid?

In numerous situations, it is possible the school may be taken off probation or the warning before additional consequences occur. However, if this is not possible then the school would no longer be among those that are accredited with all that involves.However, even without federal or state financial aid being allocated to the entity from being accredited, some schools still remain open. 

The possibility that students are still enrolled may occur with classes continuing and teachers still being paid. This is not an illegal action, even though no additional funding is received to help the school remain open. Before any further decisions are made on how to proceed, a school should be researched on these processes and how they affect those involved with the school.How Accreditation Loss Affects Graduates If a degree has already been earned by a school, the diploma and education is still valid and legitimate. It is possible that certain employers contacting the school may need an explanation as to what happened.

This is especially important if the college or university is no longer open. However, once a degree plan has been completed, a loss of accreditation does not affect the person seeking employment or career opportunities in any other manner. If the student is seeking additional school such as a master’s degree, he or she would need to seek another institution.Degree Not Earned with Accreditation Loss If the school no longer has accreditation, it is best for the student to transfer to another college or university that does.

 Transfer credits may be accepted in the corresponding classes, but the longer the individual waits to leave the school, the harder it will be to find a college that continues to accept the credits. Some classes may not exist at another university, and only the credit hours transfer with new courses needed to match the degree program. 

It is not recommended to remain at a non-accredited school as financial aid may not be available, and some employers may not recognize the degree as being valid.Effects on Financial Aid When grants, scholarships or loans have been obtained throughout the life of a degree, some of these are still required to be repaid. 

Any repayment depends on how the money was allocated and who it came from. If the federal government supplied the loans, these must be repaid as specified in emails or documentation supplied from the source. Private loans are often through certain companies or financial institutions. These companies are usually in private contact with the student so that monies may be collected by the person after school has been finished or the grace period runs out. 

No matter if the school retains or loses accreditation, the loans and grants that require payments must be settled with the sources of these funds.Effects on Future Employment While a degree earned and diploma received from a college or university that is no longer accredited may not seem appealing to the student, it is a valid document showing coursework completed. 

A short explanation may be necessary to management or the employer, but the degree is still legitimate as long as it was received before the school lost accreditation. A new degree may be attempted, but many may find financial aid exhausted before this may be completed. However, the effect on the graduate may be minimal unless the subject is broached or the school cannot be contacted for verification of the degree. 

Usually after the situation has been explained, the employer is still willing to hire any persons that meet minimal requirements for job duties.Additional Assistance It is important to ensure that student loans and grants that require repayment are kept up to date. In order to do this the graduate should contact the sources of these funds. However, if matters are unclear or there is additional assistance needed, an education lawyer should be hired to ensure the matter is resolved or has a remedy available. These professionals work to ensure the former student’s rights are protected.

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What Is Post-Secondary Child Support?

What Is Post-Secondary Child Support?The expenses covered usually include room and board, the tuition and a meal plan. This means that the young person is not required to obtain loans in addition to grants and scholarships to ensure that the degree and courses are paid for during his or her stay at the university or post-secondary educational school.In order for post-secondary support to be applied to a child, there are two possible ways to determine this. 

When an experienced and knowledgeable lawyer is used to assist with the divorce proceedings and custody arrangements, it is possible to receive or agree upon additional support for the child’s college or other educational expenses. 

These may be divided between the parents, or it may be allocated through a divorce settlement as has been noted and entered into the court judgment. If it is not agreed between the spouses for the youth, it may be ordered by the court so that the parent paying child support must also keep paying for additional education after High School. 

 Post-Secondary Support TypesWhen both the husband and wife have a peaceful relationship at the end of the marriage, it may be determined that secondary education support payments may be made by one or both of the parties to ensure the youth is given the opportunity to seek a degree, a trade or a skill. However, some state laws have been implemented that permit the courts to order the parent providing monetary support to continue to do so for the young person so that he or she has money to go to college or another post-secondary school. 

This could be advisory or binding depending on the judge presiding and the state with the laws.There are many factors that the courts will consider when determining if post-secondary education should be provided for by the parent or parents of the child. However, many of these cases exist where one individual is asking the other for support through a request. 

This would mean that help is asked for and, in many situations, it is granted if the ex-spouse has the funds and the drive to do so for the youth. If the court is involved, the judge will step in and examine the circumstances such as the dependence and need of the young person, if living expenses are relied upon by one parent, necessities and similar concerns. 

If the mother or father is taking on the majority of the costs, the court may order the other to provide post-secondary educational expenses.Factors Considered by the CourtCertain factors are more important than others, but they all add up to encourage the judge to make a decision about the request for continued child support for post-secondary education. 

These would include the age the child is at the time of the request, his or her financial needs, what expectations or plans the parents both have for this education when they marriage was intact and similar matters. The abilities, disabilities and desires of the young person are taken into account as well. The amount of support may be determined by the type of education that is being sought by the child, the different backgrounds in education of the parents, the youth’s living conditions with his or her custodial parent and what resources are available. 

One last factor may be important in swaying the judge in how much support the child would have had if the marriage remained and the parents were still together.Obligations and Legal AssistanceIn order for support to go through or to continue, the child must be enrolled in good academic standing in an accredited school with an active drive to reach career goals. 

Both parents must be provided access to records, grades and any issues that occur. Additionally, some children are only permitted to receive this support until a certain age. In one state, this is 23, in another it may be 21, but even if schooling has not been completed by this time, there are no more obligated payments provided.When one parent cannot provide for school due to being a single mother or father, a lawyer is usually hired to assist with these matters. While conditions may change, an experienced legal representative may assist in ensuring the best possible outcomes to a case.

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