Special Education Lawyers: Do You Need One?

If you have a child in special education and everything seems to be running smoothly, you may never need a lawyer. However, it's quite possible that at some point during your child's education, it will make sense to hire (or at least consult with) an attorney to help you advocate for your child. Finding a lawyer who focuses on education issues can be difficult, however—simply because there aren't as many lawyers who focus on the relatively niche practice of education law.

Because education law is a highly specialized practice area, hiring an attorney who isn't familiar with special education law won't help you (or your child) get needed academic aid, and can ultimately cost you more. Knowing what to look for in an education lawyer can help save you time, money, and hassle.

What a Special Education Lawyer Can Do for You

Many people who turn to a special education lawyer for help do so when they're having trouble establishing an individualized education plan (IEP) for their child. IEPs are tailored to help children accomplish academic goals by acknowledging each child's unique needs. Parents and guardians of disabled children are entitled to an IEP under the Individuals With Disabilities Education Act, or IDEA (20 U.S.C. § 1400).

Your lawyer can provide advice and assistance as needed throughout the IEP process while you do most of the work or be directly involved as your formal representative. Depending on your needs, you might choose to have a lawyer do everything from beginning to end in the IEP process or have them only handle certain tasks. Below are some examples of specific tasks your lawyer can help you with when crafting an IEP for your child:

In addition to helping you construct an IEP for your child, an education lawyer can make sure the school is compliant with the Americans With Disabilities Act (ADA), and—if they've been discriminated against based on their disability—assert their rights under Section 504 of the Rehabilitation Act (29 U.S.C. §794). Education lawyers may also be able to advocate for students' rights in a higher academic setting such as a college or university.

Do You Need an Education Lawyer?

Not necessarily. You aren't required to have a lawyer in order to request an IEP from your child's school, and if everything goes smoothly, your child can graduate from school without having to involve a lawyer at any point. But if the school district is reluctant to cooperate or you think your child's rights aren't being upheld, you might want to seek legal representation.

There are several factors that can go into your decision to hire an education lawyer, such as time, money, and how confident you are in your own ability to advocate on behalf of your child. Here are some elements you should consider when determining whether you need a special education lawyer.

• Complexity of the case. The more complicated your case is, the more likely it is that you could benefit from some legal advice. A dispute involving complicated placement and services issues, for example, might require the special knowledge and experience of an attorney.
• Strength of your case. If you really don't know whether you have a good case against the school district, consider talking to a lawyer. A good attorney should tell you how strong your case looks before you have to make a decision about whether to hire the lawyer.
• Your time and energy. If you work full time, are a single parent, or have a difficult schedule, you may want someone else to take charge. On the other hand, if you have the time and energy to represent yourself and your child, hiring an attorney may not be necessary.
• Your budget. Attorneys aren't cheap, and the expense may limit your ability to hire a lawyer.
• Your self-confidence. Most parents can be great advocates for their children in special education. However, if you doubt your ability to effectively advocate or negotiate, you may prefer to hire a lawyer rather than wage the fight on your own.
• Who represents the school district. If the school district has an attorney, you may want the same protection and leverage.
• Your relationship with the district. Hiring a lawyer may change your relationship with the school district. When you involve attorneys, the atmosphere becomes more formal and potentially combative. School personnel will likely be more guarded and may view you as a troublemaker or a squeaky wheel. But it's likely that if you're at the point where you are considering hiring an attorney, your relationship with the school district has already changed—and your child's welfare is more important than a cordial relationship with the administrators.

If you decide to hire an attorney, make sure you choose the right one. You may be tempted to hire the attorney who did your will, your sister who just passed the bar, or the lawyer whose ad promises the lowest rates. But there's no guarantee that these attorneys will have the time or inclination to get up to speed on an area of law unfamiliar to them. It's worth it to go the extra mile and find an attorney who already knows a thing or two about education law.

How Do I Find Special Education Lawyers Near Me?

Most people begin looking for their attorney on the internet. You can type "special education lawyers in (your geographic area)" into your preferred search engine and review the top results for firms you might wish to contact. Searching online can be frustrating, however. Even if the number of education lawyers in your area is limited, you won't always know right off the bat which is the best attorney or firm for your needs. Here are some additional tips you can use to help narrow your selection down to a lawyer who'll be the best fit for you:

• Ask other parents. Word of mouth is still often the best way to get a good attorney. If you know other parents who've used a lawyer when struggling to get an IEP or deal with the school district, you can ask if they were happy with their representative.
• Contact learning disability specialists. If you're working with or know a learning disability specialist, ask them if they can recommend a good attorney.
• Check with school district personnel. School districts should have a list of special education attorneys and other advocacy resources for parents.
• Ask your child's doctor. Your child's pediatrician may be able to point you in the direction of appropriate legal resources.
• Contact your state's special education advisory commission. Under IDEA, each state must have an advisory special education commission made up of parents and teachers. The commission should be able to provide information about lawyers.
• Get in touch with your state's department of education. Employees at your state department of education can provide you with referrals.
• Go to a nearby Parent Training and Information Center (PTI). PTI is a federally funded program that provides direct support to families of disabled children through almost 100 centers across the country.
• Visit the website of your state bar association. Each state bar association maintains a lawyer directory of active attorneys. You can search the site for lawyers licensed in your state and filter the results according to practice area (for example, education).

In addition to private (and potentially costly) education lawyers, you can reach out to one of the many nonprofit organizations that provide legal assistance in special education and disability rights. Nonprofits often don't charge for their services (or have significantly reduced rates), but you may have to wait some time for an appointment and even longer to have somebody review your case, if they end up taking it at all.

Some nonprofits focus only on precedent-setting cases—meaning unusual disputes that will have an impact on a large number of children. You'll have to contact a local disability rights advocacy organization or legal clinic to determine their policy on individual representation. (Your school district should have a list of disability-specific or special education nonprofit legal clinics in your area). For more resources, see our article on how to find free legal aid.

Choosing the Right Education Lawyer

Once you have a list of attorneys, you can further tailor your search. For example, if you're seeing the same names pop up when you ask for recommendations, or there are several lawyers who received enthusiastic endorsements, you can start by contacting them first. Or, you can cast a wide net by reaching out to everybody on your list.

Preliminary Questions to Ask Your Potential Representative

When contacting the lawyers on your list, try to have a short phone conversation or ask for a quick meeting. Some attorneys will briefly chat with you over the phone to determine what your case is about and whether or not you need legal help. Others may have you speak with an assistant, complete an intake form describing the basic details of your case, or ask you to make an appointment to come in and talk about your case.

Many lawyers don't charge for the first discussion, but some attorneys won't talk to you without a retainer fee. In this case, you should find out the fee amount, how the attorney will review your case, and how much the initial review costs before you make an appointment. If your case is fairly straightforward, you might be able to talk to the attorney briefly for free to decide whether it's worth it to pay the retainer. But if your case is complicated enough that the initial screening call will take a long time, this might not be an option.

Meet With the Best Candidates

Make an appointment with the candidates who seem like the best prospects. (You may only want to see one or two attorneys if they're charging a fee for the initial intake.) In order to make the most of your time, be sure to ask what records the attorney needs to evaluate your case and bring them with you when you meet.

During the meeting, you should ask questions relevant to your case, such as whether or not your child needs an IEP or what recourse you have against a school board that isn't providing one. You should also ask some general questions meant to gauge the lawyer's experience and demeanor to make sure they're a good fit. Here are some examples of questions you can bring up at the intake meeting.

• How many years of experience do you have in education law?
• What specific experience do you have with special education and learning disabilities?
• Have you dealt with this particular legal issue (such as a due process hearing)?
• Have you handled Section 504 complaints (if accessibility is an issue)?
• Are you familiar with my child's school district?
• Do you prefer mediation or arbitration over litigation?
• How quickly do you respond to phone calls or email?
• Can you provide me with a list of references?

Keep in mind that a major purpose of the intake meeting is to get a sense of the lawyer's general demeanor and to make sure that you'll "mesh" well together should you choose to work with them. The lawyer should be able to clearly answer your questions and be willing to meet your communication needs (within reason). Some people are more laid-back than others, willing to let their lawyer take the reins and go along for the ride, while others might feel more comfortable having greater input into the process.

One of the most common complaints lawyers hear is that they don't return phone calls, respond to faxes or emails, or make themselves available when a client calls. It's important that you and your lawyer are on the same page when it comes to communication expectations. Make sure to discuss the attorney's response time. While no attorney should be expected to respond instantly, you shouldn't have to wait more than a day or two, except in rare circumstances, to hear back from your lawyer.

Ultimately, your attorney should provide the type of help you need in the manner you want. It's not always worth it to put up with a difficult attorney, even one with a high success rate or many years of expertise. If you find a special education attorney in your area who doesn't have that much experience yet but you feel that they're the right lawyer for your case, ask how they plan to conduct research for your case. Attorneys are required to perform due diligence in unfamiliar areas of the law, but your lawyer should have enough working knowledge of education law to spot the issues, develop the evidence, and make the necessary arguments.

Ask for a Case Evaluation

Your lawyer should be willing to assess your case objectively and honestly discuss its strengths and weaknesses. A good attorney will evaluate your evidence before giving you any advice. After you've asked for your lawyer's opinion on your case, listen carefully to their answer. Good special education attorneys should be able to do the following:

• tell you the pros and cons of your case
• explain the process in terms that are easy to understand
• let you know what documents and potential witness may be needed
• estimate how long your case may take and how much it will cost
• provide insights into school district personnel, particularly if the attorney has worked with the district before, and
• provide a cost-benefit analysis of hiring the attorney to represent you versus using the attorney as an advisor or consultant only.

Remember that when you pay an attorney, you are paying for all the time spent on your case, including time spent on research. You don't want to pay an attorney for on-the-job training, nor do you want to hire an attorney who won't be able to master the basic subject matter and legal issues quickly enough to serve you and your child well.

Additional Information About Special Education Law

If you're on the fence about hiring an education lawyer—or you're already set on navigating the process yourself—consider referring to Nolo's book The Complete IEP Guide: How to Advocate for Special Education Services for Your Child by Lawrence Siegel. You can also download a free form that you can use to start the formal process of implementing an IEP.