Children with special needs have rights under Federal and state laws that have been enacted to prohibit discrimination and assure each child an appropriate education. The disabilities school districts encounter are numerous and varied. They include Down Syndrome, Dyslexia, Autism, Spectrum Disorders (including Asperger’s Syndrome), ADD and ADHD, emotional disturbance, behavioral disorders, physical disabilities such as Cerebral Palsy, and hearing and vision impairments.

These children are entitled to reasonable accommodations such as special study areas and assistance as necessary for each student, accessibility, effective communication, and due process in pursuing their rights. Further, if eligible under the Individuals with Disabilities Education Act (IDEA), students with disabilities may be entitled to additional services including, but not limited to, modification of educational services, assistive technology, and/or related services.

All parties want to avoid litigation. Abernathy, Roeder, Boyd & Hullett, P.C., lawyers are deeply involved in all aspects of advising school districts how to appropriately meet the needs of these students and avoid liability.

Among the issues we handle are:

  • Special education due process proceedings
  • Assisting with policy development governing special education procedures and documentation
  • Individual Education Plans
  • Assessment issues
  • Level of service issues
  • Extensive training programs for school administrators and teachers regarding services for children with disabilities
  • Assistive technology issues
  • Requirements of Section 504 of the Rehabilitation Act of 1973 and the ADA
  • Requirements of IDEA
  • Related services issues
  • Least restrictive environment issues
  • Placement issues