How To Avoid (Or Win) Disputes In Special Education
by
Ira M. Fingles, Esq. & Valerie A. Powers, Esq.
Hinkle & Fingles, Attorneys at Law
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
The following tips may help parents of students with disabilities
avoid disputes with their school districts regarding a child’s special
education and related services. When this is not possible, these same
tips can help ensure that disputes are resolved in the child’s favor.
1. Get in the habit of writing or e-mailing to the District.
While it is important to be able to discuss issues with your child’s
teachers and other staff, it is also important to ensure that there is
a good record of the things that are discussed. If you have something
to say that is important, make sure that it is in writing. If
something is said to you that you feel is important, ask that it be
put in writing. If the person refuses or delays in doing so, send a
letter or e-mail of your own to the District confirming the
conversation.
2. Start a journal. Keep notes of important events,
conversations, telephone calls, etc. Periodically write down
observations of your child’s skills, particularly with respect to
areas addressed in the IEP. Put quotation marks around direct quotes.
Having access to these types of details can be important if a dispute
arises.
3. Hire an educational consultant. It can be very helpful to
establish a relationship with a consultant who is an expert in your
child’s type of disability. Securing evaluations by such a consultant
on a periodic (annual or bi-annual) basis can provide a great deal of
information regarding the student’s needs which can be used by the IEP
team to develop an appropriate IEP. If a dispute arises, the
consultant can serve as an expert witness at a due process hearing.
Other tips will be shared in future articles, but these are three of
the most important issues at the beginning of the school year.
Following these suggestions can substantially reduce the possibility
of going to due process against district. However, if this is
unavoidable following these suggestions will substantially increase
the chances of winning.
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Herbert D. Hinkle, his partner, Ira M. Fingles, and their colleagues,
S. Paul Prior and Valerie A. Powers Smith, maintain a statewide law
practice with offices in Lawrenceville, Marlton, and Florham Park, New
Jersey, and Yardley and Plymouth Meeting, Pennsylvania. They lecture
and write frequently on topics of law, aging, disability and estate
planning and are available
to speak to groups in New Jersey and Pennsylvania
at no charge.
Comments and suggestions
for future articles should be mailed to: Hinkle & Fingles, 2651 Main Street, Suite A, Lawrenceville, New Jersey 08648-1012.
Copyright 2004
Herbert D. Hinkle. All rights reserved.
