Special Education Law

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Practice Area

What Is Special Education Law?

Students are entitled to a free appropriate public education under the Individuals with Disabilities Education Act (IDEA). This means that your school district must provide your children with an education that meets their individual needs. The school district must, for instance, provide your child with the appropriate classroom, an IEP that adequately addresses their needs, comprehensive evaluations, necessary related services, and more.

The IDEA is in place to provide free appropriate public education, services, and resources to children with disabilities to ensure their needs are met in the classroom. IDEA governs how schools offer early intervention, special education, and other related resources at school.

Schools might also suggest that your child gets evaluated if they’re exhibiting signs of learning disabilities, attention disorders, or behavioral problems. After an evaluation, as a parent, you can request to have your child evaluated at any time during their school career. If the school determines that your child might benefit from the programs available through the IDEA, the school will hold an eligibility meeting where an individualized education plan (IEP) will be developed. This document will act as a guideline to support your child’s educational goals and detail how the school should sufficiently support them.

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What Would be Considered a Violation of The IDEA?

There are multiple ways your child's needs might not be met at school. If your child has already been evaluated by their school and has received an Individualized Education Plan (IEP) or an Applied Behavioral Analysis (ABA) has already been conducted, and expectations aren't being met, Mizrahi Kroub can help.

We're here to make sure your child's education works for them, and we do this by fighting for your child's education rights after:

  • Failure to give notice of rights or planned meetings through written notice. 
  • Failure to adhere to state-mandated timelines. 
  • Failure to allow parents to participate in the IEP development process. 
  • Failure to conduct and complete individualized evaluations. 
  • Failure to offer extended school year services to your child.
  • Failure to assess the student’s academic and functional needs. 
  • Failure to develop annual goals based on the student’s needs. 
  • Failure to develop challenging, ambitious, and measurable annual goals. 
  • Failure to adhere to the curriculum or alternative placements. 
  • Failure to implement accommodations outlined in an IEP. 

What Happens If The IDEA Is Violated?

If your child's needs are not met at school, you have the right to open a case. While doing this might seem scary, it does not have to be. At Mizrahi Kroub, we're experienced in the IDEA and are ready to seek justice for your child. No matter the stage of learning your child is in, they have a right to public and personalized education. We'll handle the complaint filing and work with you to seek justice for your child.

Should I Hire A Special Education Lawyer?

You have every right to pursue legal action if your child has been neglected at school or their Individualized Education Program (IEP) has been violated. Mizrahi Kroub's IDEA attorneys are the people to help your child prosper. Contact us if you have any doubt whether your child's needs are being met at school.

"I always had such a great experience when working with this group. Joey is super knowledgeable and helpful. He made sure to be very thorough and professional. Definitely recommend!!!"

-Renee M.

"Rare to find a firm so dedicated to their client. I felt heard and represented. Appreciated their patience and advice. Would highly recommend."

-Lily S.

"I was very pleased with this firm's services. Joseph and Ed were professional and knowledgeable and not only helped me resolve my legal issues, but were patient with me and made sure i understood what was transpiring every step of the way. I highly recommend them and their team."

-Michael G.

"Mr. Mizrahi definitely provides top quality service. He really goes out of his way for his clients. He was always available to answer all my questions. It was a pleasure working with him. I highly recommend Mr. Mizrahi."

-Michael J.

"Were extremely patient and kind. They make you feel comfortable asking any question and make you feel taken care of. I would highly recommend!"

-Jacob S.

Helpful Resources

November 28, 2022

What is Applied Behavior Analysis?

Applied Behavior Analysis (ABA) is an evidence-based therapy that utilizes the scientific understanding of learning and behavior. It benefits many children, including those with Autism Spectrum Disorder (ASD). ABA aids in improving verbal and nonverbal communication skills, attention, focus, social skills, memory, and other adaptive behaviors while simultaneously decreasing maladaptive behaviors.

Read More

November 2, 2022

What Is The Individuals With Disabilities Education Act (IDEA)?

Honoring every child's academic needs is crucial. While educating children with disabilities might require more attention, schools are legally obligated to accommodate the needs of every child, no matter what. 

The Individuals with Disabilities Education (IDEA) was enacted in 1975 to ensure that children with disabilities receive an education that meets their needs. The federal legislation requires all schools to protect special education students' rights per IDEA requirements.

Read More

October 30, 2022

What Are Reasonable Accommodations in the Workplace?

The Americans with Disabilities Act (ADA) prohibits discrimination based on disability. So, what does this mean for the workplace? It means that employers are legally unable to discriminate against workers living with disabilities. Additionally, employers must take measures to ensure qualified employees with disabilities can perform their duties at the workplace. Reasonable accommodations are changes that an employer may be required to provide to ensure disabled employees perform their duties effectively.

Read More

November 28, 2022

What is Applied Behavior Analysis?

Applied Behavior Analysis (ABA) is an evidence-based therapy that utilizes the scientific understanding of learning and behavior. It benefits many children, including those with Autism Spectrum Disorder (ASD). ABA aids in improving verbal and nonverbal communication skills, attention, focus, social skills, memory, and other adaptive behaviors while simultaneously decreasing maladaptive behaviors.

Read More

November 2, 2022

What Is The Individuals With Disabilities Education Act (IDEA)?

Honoring every child's academic needs is crucial. While educating children with disabilities might require more attention, schools are legally obligated to accommodate the needs of every child, no matter what. 

The Individuals with Disabilities Education (IDEA) was enacted in 1975 to ensure that children with disabilities receive an education that meets their needs. The federal legislation requires all schools to protect special education students' rights per IDEA requirements.

Read More

October 30, 2022

What Are Reasonable Accommodations in the Workplace?

The Americans with Disabilities Act (ADA) prohibits discrimination based on disability. So, what does this mean for the workplace? It means that employers are legally unable to discriminate against workers living with disabilities. Additionally, employers must take measures to ensure qualified employees with disabilities can perform their duties at the workplace. Reasonable accommodations are changes that an employer may be required to provide to ensure disabled employees perform their duties effectively.

Read More

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