Special needs lawyer in IEP meetings

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Advocate. If you bring a lawyer then the county has to bring one. It will not be friendly when that happens. A good advocate is the perfect solution.

Not really true. I know it’s a common misconception, including by school staff, but it simply isn’t true. Parents are under no obligation to tell the school that they are bringing a lawyer, and the IEP team can't refuse to meet because the parent unexpectedly brought a lawyer.

The rules only go the other way. The school can always bring a lawyer to an IEP meeting, but they have to provide prior notice.

You don't have to tell them but it's polite if you do and will start things off on a more positive note.
The single most friendly meeting we had was when the lawyers got involved. If you choose someone who works regularly with the district they will already probably have a relationship with the district attorneys. Just make sure you pick one that fits your style and goals.

If you are going in trying to fight them you may want to bring in someone to set a more aggressive tone. That's not a bad thing. If you want to have someone there just to make a statement about the seriousness of what happened or might have happened you may want a different type of personality. We brought in someone who was known to be friendly with the district. We would never have hired him if we were going to due process but having him there was enough to make the school listen. He did not come in with a list of violations and he hardly talked but everyone knew we were there to avoid due process so we all had the same goals in mind. The district lawyer knew that we knew there had been violations although no one talked about that in the meeting.

That’s fair. I have a hard time imagining a scenario where I’d want to bring in a lawyer unless I specifically intended to go down the due process path. An advocate, maybe, but not a lawyer. To your point, it might be beneficial as a way of sending a strong signal that you know you could prevail in the legal channels, but it seems like an awfully expensive way to send that message.

Based on OP’s posts it sounds like she needs some urgent safety measures taken ASAP - due process would take too long. I’m guessing something like a nurse to administer meds, allergy issue, or feeding/choking issue. A lawyer could definitely be appropriate there.

[Anonymous]

I know that in MCPS that if you bring your lawyer they have to have theirs so the idea of a "surprise" lawyer will mean the cancellation of the meeting.

[Anonymous]

Anonymous wrote:I know that in MCPS that if you bring your lawyer they have to have theirs so the idea of a "surprise" lawyer will mean the cancellation of the meeting.

Which violates legal interpretations from the federal government.

[Anonymous]

Your child is just starting at the school and you already know about concerning safety issues to the point where you want to bring a lawyer? I can't imagine sending my child to a school where this is the case. I suppose you might be willing to sacrifice your own kid's safety in order to try to force the school to comply but I believe that would be the wrong thing to do for your own child.

[Anonymous]

Anonymous wrote:Your child is just starting at the school and you already know about concerning safety issues to the point where you want to bring a lawyer? I can't imagine sending my child to a school where this is the case. I suppose you might be willing to sacrifice your own kid's safety in order to try to force the school to comply but I believe that would be the wrong thing to do for your own child.

Not everyone can afford 12 years of private so if you need the school system to pay, you have to sue.

[Anonymous]

Anonymous wrote:Your child is just starting at the school and you already know about concerning safety issues to the point where you want to bring a lawyer? I can't imagine sending my child to a school where this is the case. I suppose you might be willing to sacrifice your own kid's safety in order to try to force the school to comply but I believe that would be the wrong thing to do for your own child.

OP here believe me I am concerned and I can afford to send my child to private with no issues but unfortunately there is no way to know that this or other issues won’t happen in private either. Thanks for your comment and concern but it’s a lot more easier for me to be reactionary than to actually think about long term implications of changes.

[Anonymous]

Anonymous wrote:I would think bringing a surprise lawyer to a meeting would be about the single most alienating thing you could do.

Escalate and alienate. Interesting words from other PPs. Get a lawyer or an advocate. Do whatever you want. No need to notify the school. Your child’s safety is at risk. Do it.

[Anonymous]

Isn't an IEP mostly about education goals? My only guess is that not properly using the 1:1 aide for your child could be life threatening if your child runs out of the School or other behaviors. Do you have an advocate? If so, maybe discuss with them if they and or a lawyer should come to the meeting. They are pretty smart and can guide you. Our advocate is nice and makes requests and suggestions. Agree that they are not pushy and don't make waves but they know what's acceptable and reasonable for IEP implementation.

[Anonymous]

As a special educator and a parent, I am ALL for having a lawyer if necessary. There are times when I'm happy the family has a lawyer, because the school part of the team does need to be held accountable, and doesn't always follow through, and a lawyer keeps them on their toes. But I echo not to make it a surprise. I've been in IEP meetings that run over 4 hours because of lawyers. Which means screwing over teachers providing coverage and students needing instruction, because we thought the meeting would only be under an hour.

As a parent, I would try an advocate first - just make sure they're a good one. I've seen some useless ones and feel bad that the parents are paying for someone who doesn't address the actual concerns.

[Anonymous]

We have used three different advocates in 5 years and none were worth the money. None. The attorney who said very little during the meetings but got their attention was the only one who made a difference.

[Anonymous]

Anonymous wrote:Isn't an IEP mostly about education goals? My only guess is that not properly using the 1:1 aide for your child could be life threatening if your child runs out of the School or other behaviors. Do you have an advocate? If so, maybe discuss with them if they and or a lawyer should come to the meeting. They are pretty smart and can guide you. Our advocate is nice and makes requests and suggestions. Agree that they are not pushy and don't make waves but they know what's acceptable and reasonable for IEP implementation.

an iep is for what a child with a disability needs to access the curriculum. so it could include allergies, medication administration, nursing care, fall prevention, etc.