Special Education Advocacy

Hiring an attorney to help with a special education issue can make a huge difference, especially if you’re running into roadblocks with your child’s school. Lindsay N. Brown is an experienced advocate, having helped many families navigate the complex labyrinth of federal, state, and administrative laws that govern a child’s rights under IDEA, Section 504 of the Rehabilitation Act, and ECEA.

The Individuals with Disabilities Education Act (IDEA) is a U.S. federal law that ensures children with disabilities have the right to a Free Appropriate Public Education (FAPE) in the least restrictive environment (LRE).

Key Goals:

  • Support educational success for students with disabilities.

  • Provide specialized services tailored to each child’s needs.

Who it helps:
Children aged 0–21 with qualifying disabilities (e.g., autism, ADHD, learning disabilities, hearing/vision impairments, etc.).

Core Components:

  1. Free Appropriate Public Education (FAPE): Education must be provided at no cost and meet the standards of the state.

  2. Least Restrictive Environment (LRE): Students should be educated with their non-disabled peers as much as possible.

  3. Individualized Education Program (IEP): A written plan for each eligible student outlining goals, services, and accommodations.

  4. Parental Involvement: Parents must be included in decision-making processes.

  5. Due Process Protections: Legal rights to resolve disagreements with schools.

Under the Individuals with Disabilities Education Act (IDEA), schools must follow specific procedures before disciplining a student who has protections under the law, especially if that discipline involves a change of placement (like suspension over 10 days or expulsion).

Here’s what a school must do:

1. Conduct a Manifestation Determination Review (MDR)

  • This must happen within 10 school days of the decision to change the student’s placement due to disciplinary action.

  • A team (including the parent and relevant IEP team members) must decide:

    1. Was the behavior caused by, or did it have a direct and substantial relationship to the child’s disability?

    2. Was the behavior the direct result of the school’s failure to implement the IEP?

If YES to either question:

  • The behavior is considered a manifestation of the student’s disability.

  • The school cannot proceed with the disciplinary action in the usual way (e.g., expulsion).

  • Instead, the school must:

    • Conduct a Functional Behavioral Assessment (FBA) (if not already done),

    • Create or revise a Behavior Intervention Plan (BIP),

    • Return the student to the previous placement unless the parent and school agree otherwise.

If NO to both:

  • The school may discipline the student in the same way it would for a student without disabilities.

  • However, the student must still receive educational services so they can continue participating in the general education curriculum and work toward their IEP goals.

Special Circumstances:

Schools can remove a student to an alternative setting for up to 45 school days without a manifestation determination if the offense involves:

  • Weapons,

  • Illegal drugs,

  • Serious bodily injury.

Hiring an attorney to help with issues under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act is important because of the legal complexities and the high stakes involved in ensuring that a child with disabilities receives a free appropriate public education (FAPE).

1. Legal Expertise

IDEA is a complex federal law with detailed procedures and rights. Lindsay N. Brown understands:

  • Legal terminology

  • Procedural safeguards

  • Compliance requirements for school districts

  • How to interpret and apply relevant case law

2. Advocacy for the Child’s Rights

Lindsay N. Brown can:

  • Ensure the child’s rights are fully protected

  • Advocate for the services and accommodations the child is legally entitled to

  • Challenge inappropriate evaluations, placements, or services

3. Navigating Disputes

If there’s a disagreement between the parents and the school (e.g., over an IEP), Lindsay N. Brown can:

  • Represent you in mediation, due process hearings, or even federal court

  • Help resolve disputes effectively and legally

  • Avoid procedural errors that could hurt your case

4. Building a Strong Case

Lindsay N. Brown can help:

  • Gather and interpret evidence (e.g., evaluations, expert reports)

  • Document the school’s compliance or non-compliance

  • Present a compelling case for additional services or support

5. Negotiation and Settlement

Most IDEA disputes are resolved without going to court. Lindsay N. Brown is skilled in negotiating settlements that:

  • Meet the child’s educational needs

  • Avoid unnecessary stress or delays

  • May even recover attorney’s fees in some successful cases

6. Peace of Mind

Knowing that a knowledgeable professional is advocating for your child can reduce stress and ensure you’re not navigating the system alone. Contact Lindsay N., Brown for a free consultation to see if she can help with your child’s case.

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