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Common questions

A few things families
ask us first.

If you’re new to this, you’re not alone. These come up on almost every
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Who qualifies for special education services?

Students can qualify for support through a 504 accommodation plan under the American with Disabilities Act or an individualized IEP under the IDEA. An IEP provides specialized instruction and services for students who qualify under IDEA. A 504 Plan provides accommodations that help students access their education but does not typically include specialized instruction.

  • For Section 504 Eligibility: The Student has a disability that impacts a major life activity. 
    • The Parent must supply supporting documentation. 
    • No automatic entitlement to an IEP.
  • For IDEA Eligibility: The Student has a disability that impacts his/her ability to access an education. 
    • The District bears the burden of comprehensive evaluations.
    • Automatic entitlement to a 504 plan. 

Submit a written request to the school district asking for a comprehensive special education evaluation.

Make sure to include:

  • The child’s name and grade as well as student ID number.
  • Concerns about academic, behavioral, developmental, speech, social, or physical difficulties.
  • Any diagnoses, medical information, or outside evaluations.

After the referral, this district has an obligation to complete comprehensive evaluations in all areas of suspected disability and hold an IEP meeting to determine eligibility. 

Put simply, the IEP must recommend a program where your child has the opportunity to make meaningful progress. In Endrew F. v. Douglas County School District (2017), the U.S. Supreme Court clarified the standard for a Free Appropriate Public Education (FAPE) under the IDEA. The Court rejected the very low standard some courts had been using (“merely more than de minimis” educational benefit) and held that: A school must offer an IEP “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

A parent/guardian has the right to request an independent evaluation when they disagree with the results (or lack thereof) of the District evaluation. You must do so in a letter to the district explaining why you disagree and what you are requesting. The District must then approve or file a Due Process Complaint defending their evaluation. 

IEP meetings are held at least once a year but if you have a concern you can request a meeting at any time. 

When there is a dispute, families have the option of filing a due process complaint and pursuing the services that have been denied. Families also have the right to request mediation to attempt to resolve the dispute. 

Pendency means that during the outcome of an impartial hearing a child remains in his or her then-current educational placement until the matter is settled or the impartial hearing officer renders a final decision and order. You must be in litigation, meaning that you have filed for due process in order to have pendency to your child’s last agreed upon placement and program.

Compensatory education may be appropriate when:

  • A school fails to implement a student’s IEP.
  • A school delays evaluating a student suspected of having a disability.
  • A district improperly denies special education eligibility.
  • Required services, therapies, or supports are not provided.
  • A student is placed in an inappropriate educational program.
  • The district otherwise denies the student a Free Appropriate Public Education (FAPE).

 

The specific services depend on the student’s individual needs and the educational harm suffered. Examples may include:

  • Additional tutoring or academic instruction
  • Extra speech, occupational, or physical therapy services
  • Specialized educational programming
  • Extended school year services
  • Additional support services beyond those normally provided

 

The goal is to help the student recover lost educational opportunities and make meaningful progress.



Pricing varies depending on the scope and complexity of your needs. We provide transparent pricing and will discuss fees before any work begins. We do our best to make representation accessible to all families despite their income level.

You may want to speak with an attorney if:

  • Your child is being denied services or accommodations.
  • The school refuses to evaluate your child.
  • You disagree with the school’s evaluation results.
  • Your child is not making meaningful educational progress.
  • The school is not following the IEP or 504 Plan.

 

Early legal guidance can often help resolve issues before they escalate.