Spring Issue 2021

“Many parents struggle through the special education process
with their child’s school district. For some, retaining a special
education attorney is the only way to overcome the obstacle or
hurdles in their child’s way to receiving a free and appropriate
public education. But what is a special education attorney, and
how can I as a parent find the right one for me?
A special education attorney is an attorney who practices law
on behalf of children and young adults to help secure necessary
educational services as required under the law (generally the
A special
education
attorney
is an attorney
who practices law on
behalf of children
and young adults
Individuals with Disabilities Education Act or IDEA). Special
education attorneys can practice on behalf of parents and
families as part of the private bar association or as part of an
agency like Legal Aid, or on behalf of schools, school districts
and boards of education. A special education attorney generally
has undergone training that includes college, a law degree, and
some type of either coursework or practical experience that
addresses the specific needs of special education students. The
last piece, coursework or practical experience, is particularly
important to consider when a parent is embarking on the process
of seeking out and hiring an attorney to represent their child in
a special education matter. Special education is a particular
specialty of the law and IDEA is a very specific and voluminous
piece of legislation with complex timelines and requirements.
Hiring an attorney who practices, for example, family law, will
to help
not get you where you need to be in terms of representation by
a lawyer who understands the myriad and complex issues of
secure necessary
educational
services
as required
under the law.
special education. For the same reason that you wouldn’t hire
an attorney who practices patent law to defend you in a criminal
trial, you shouldn’t hire an attorney with any other specialty than
special education or disability rights law to represent your child
and family in a special education matter.
The other reason to hire a special education attorney to
represent your child’s specific issues in the special education
realm is because special education law in most states is a
relatively small and tight knit community. In Connecticut, the
private special education bar is well known to one another; most
of the attorneys know each other well and have often worked side
by side for many years advancing the rights of students in special
education. In addition, the parent-representing attorneys are
familiar with the school districts – with the administrators,
special education coordinators, in house attorneys, and outside
counsel that represent schools, school districts, and boards of
education in special education matters. When you as a parent
hire an attorney to represent your child’s special education case,
the school district will also have legal resources to draw upon.
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