You are considering hiring a special education attorney because your school district decided that even though little Billy is going into 4th grade and can't read the word "cat", everything looks good on his IEP and things are progressing nicely. Huh? Yes, it does happen. Yes, there are armies of parents out there that can confirm this very thing. So, what do you do? Well, the list of things is long. The list is way beyond the scope of this article. We are going to fast forward through the parents or guardians attempting to resolve this conflict them selves and get to the part where the family decides it needs some professional intervention.

Do I hire and attorney or advocate?

Well, that is really up to you and your budget.It is also kind of dependent upon how complex your situation is. You as the parent or legal guardian know your child better than anyone. There are times, like in my own case, when I knew my case was far too intricate for an advocate alone. I like to look at it this way, I'm sure this will bother some people but it shouldn't. I see advocates as midwives to the special ed. process. They can guide you. They can be there with you. They can provide excellent knowledge and a wealth of information.  And if all goes smoothly, you will have a bouncing happy revised IEP at the end of the process with very little discomfort for anyone.  I guess since we are using this analogy we should just stick with it, so here goes,  if you need someone who can do a c-section on your IEP, you'd better have a special education attorney. Sometimes lawyers have advocates on staff that you can use. Advocates are almost always cheaper than attorneys.

Does it have to be a special education attorney?

Absolutely.  While it might be nice to toss your attorney friend who does medical malpractice the work, it won't help you or your child. These attorneys know education law inside and out. They can save you time and money with their knowledge.

How do I know they are legit?

Contact your  State or local Bar Association. Yes, it is a phone call you have to make. Don't assume anything

The attorney asked me for a retainer up front is that ok?

Unfortunately, yes. I have never been able to hire an education attorney without coughing up some cash. But, make sure you demand itemized bills of every thing they charge you for. and, DO NOT be afraid to challenge the attorney. I had an attorney once that months after a case had closed send me a bill for looking at my son's chart. What??  yes, he did it and yes I went ballistic. Just because it is an attorney doesn't mean you have to agree with everything they say. I know fees vary from lawyer to lawyer and state to state. Find out what the average is for your area and make sure your person is within that range before you give that check.

Everyone recommends this one attorney but I just don't like her:

Then you shouldn't use that attorney. Until the dispute is resolved you are going to be spending time with this person. No, they don't have to be your best friend. But, you should like him or her and have faith in their competence. My best education attorney experience was with someone very experienced but not quite as glossy as the highly recommended one.

I'm so afraid that my school district is going to be mad at me:

Well, yes, that is a consideration. But let's look at it this way....you are being forced to hire an attorney because your district did not provide your child with what he or she needed. Shouldn't you be the one who is irked? Truthfully, it can cause initial bad feelings but those usually wane as time goes by. I now have a fine relationship with my school district. Believe me you aren't the first and you won't be the last.

What will the special education attorney do for me?

The attorney will basically become your representative. He or she will take over your case and begin negotiations with the attorneys for your school district. They will make phone calls, write letters, they will arrange hearings and court dates if needed. The attorney will also accompany you to all meetings, unless you request otherwise. They will provide information and guidance about what your child is entitled to under the law and also give you guidance as to what you can expect and hope for when all is resolved. Generally once you hire an attorney your communication with the district stops and the attorney takes over. The special education attorney can and will also make suggestions for what you need to do and what evaluations you need to have done to help your case. They may also be able to refer you to specialists that can assist you in these matters. You will need to provide your attorney with all of your child's school records, past IEP's, neuropsych testing (if you've had any), report cards, doctors notes if they apply, and progress reports.  You'll want anything and everything related to your child's school career. This will help your attorney get a better picture of what has been going on which in turn will help them put together a better case.

I don't think my attorney is doing a good job:

That can happen on occasion. I think it is more unusual with education attorneys. This group is usually very vested in the outcome for the good of the child. I've never met an education attorney that didn't really like children. But, if you don't think he or she isn't doing a good job then say so! You are paying this person. They work for you. You wouldn't let someone working for your corporation hang out and do nothing. Why is it different with your education attorney? Most times, this too can be resolved with a simple discussion.

In the end you all have the same purpose. That purpose is to get your child the best education in the least restrictive environment. It may seem overwhelming to take on this battle. It may seem like a fight that will never end. It is a fight that will be worth it to you and your child. The right educational placement can change an entire life. I have watched my own son blossom in the right educational environment and regress in the wrong one. Also keep in mind, the earlier in life the intervention, the better the outcome. Don't wait.