For criminals who need a defense there’s this question, “Do you have a lawyer”?
Unfortunately, we can’t always think that someone is guilty just because he’s hired a attorney.
And we can’t always blame it on the system when someone gets mixed-up in a mess.
But in our court system, this is how things are handled; innocent until proven guilty. We must find ways to prove or disprove the evidence.
This idea applies to just about everything we do in life.
Science. History. Education.
For parents of students in special education classrooms there are other reasons to hire an attorney or not hire an attorney.
Parents spend many hours advocating for their child while gathering documents; so much red-tape.
If a teacher or administrator refuses or neglects our child’s Independent Education Plan (IEP), we have the option to file a “due process” claim.
By the time this happens, parents start running from the meeting with their hair on fire screaming, “I’m getting an attorney”!
There might just be a way around this.
Most times, attorneys are not needed; but sometimes, it simply cannot be avoided. However, retaining an attorney should be the very last option. Teamwork and communication is always best first.
Reasons NOT to hire an attorney:
1. Your child is failing a subject or a grade.
This is a modification, accommodation, or goal adjustment problem which can be rectified with a conference or IEP meeting.
2. The teacher is “mean” to your child.
Most times this is nothing more than a communication issue. I urge parents to keep in mind that there’s the child’s side of the story, the teacher’s side of the story, and somewhere in-between is the truth. Miscommunication happens–and our kid’s are not the best purveyors of news. Not that it’s anyone’s fault, it’s just the way it is. Facts are important.
3. The school will-not provide a particular accommodation or modification.
The key words here are “will-not.” This is not a “refusal.” After an evaluation, the team decides what supports to put in place. If parent’s feel they would like a certain accommodation, based on the results from the evaluation, and the school does not agree, this is not a reason to “lawyer-up.” I would recommend taking advantage of the supports that are available first and see how it goes. The teachers are with your student all day long. See what works and what doesn’t based on the team efforts. Parents can always call another IEP meeting to request a change if needed.
Reasons TO hire an attorney:
1. Refusal to accommodate, modify, or follow the agreed upon IEP.
This is a legal document and should be in place within 24 hours of the meeting, but I always like to give the teacher’s time to prepare and make the necessary adjustments. However, after about a week and at least three repeated requests to comply with the directives, if it is clear the reasons for non-compliance is not a communication issue, but a blatant refusal, then this would be a good time to file a grievance.
2. Your student’s safety is at stake.
No ramps or accessibility for the least restrictive environment (classroom, cafeteria, gym, playground, etc.). Also, if there are no quick access exit areas in case of a fire; i.e. students in wheelchairs who have classes on the 2nd floor. Further, if you have a documented case of teacher harassment or staff abuse and/or documented cases of bullying by another student and administration fails to correct the problem, this would be grounds to hire a lawyer.
3. Your child is not safely transported to and from school–or at all.
Transportation problems could be as serious as not being safely secured while the van is in motion, or failure to pick-up and drop-off on-time each day.
Focus on the big picture first–a successful learning environment.
When parents create a legal challenge, the special education coordinator or administrator will call in the cavalry– their own school-based attorney.
Keep in mind that failure to communicate that you have hired legal defense will effectively mean that all prior discussions will stop and that the school district will also hire a legal team. This scenario could potentially slow down production of your child’s education. The focus will shift to administrative items instead of your child’s learning. Consequently, your student will still need to attend school each day. Communication is hard after you’ve had some very heated battles, but important to the overall learning environment of your student.
Keep the respect that you’ve earned–threats are idle. Don’t cry wolf unless you really will follow through with legal action.
***Disclaimer: Any information on this website, blog, other blogs, or any social media accounts written by me, C.C. Malloy, should not be considered legal advice. Guidance and counsel should be sought on an independent basis from a qualified legal professional or school administrator to address individual challenges.
Photo credit: Andrea Piacquadio – Pexels Free to use
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