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Kids With Special Needs and Disabilities
Reply to "Has anyone here ever sued their school district. Details please . . . "
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[quote=Anonymous]Is your advocate a lawyer? Many are not. I would seek legal advice from an attorney (you will need an attorney anyway to file if you want to sue). My personal experience with non-lawyer advocates is that they do not understand the legal process, do not have any experience with how cases which have been filed turn out, etc. Many special ed attorneys will provide a free or fee per hour consult to hear an overview of your case and advise you of options. It should only take about 1-2 hours to talk with an attorney and get a good idea of the merits of your case. A good special ed case may even pay attorney's fees. By "good", I mean egregious violations with evidence-based facts to present. Alternatively, I have to ask, have you involved anyone else in the FCPS school system outside of your school in your case? Filing suit is typically not the only dispute resolution option. Did you receive a "due process" notice during your meetings? Typical options are to complain to the countywide 504 supervisor or head of the department of special education, to file a complaint with the federal Office of Civil Rights, or to request mediation. I am not in FCPS, but I personally have found quick resolution from county level people after egregious mistakes made by the principal and other special ed staff within the school. The county people understand that failing to fix a clear legal violation will only strengthen your case should you ultimately choose to file.... Sadly, principals and special education staff within schools are often not very aware of special education law or procedures, IME. [/quote]
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