Special Education Attorney Near Me

Special Education Attorney Near Me

Fundamental differences between special needs attorneys and advocates

A special education attorney near me will have the advanced degrees, requisite training, continuing education, knowledge of recent caselaw and how to apply it, and knowledge of the court system to fight for your child’s rights. An advocate does not need to have any form of legal or other training. Any person can qualify as an advocate.

Presently, there are no licenses or certifications to classify one as a practicing advocate. By contrast, a special education attorney graduated from 4 years of college with a Bachelors’ degree or higher, graduated from at least 3 years of law school and earned a Juris Doctor, passed at least one state’s bar exam, was admitted to practice in (sometimes several) courts and jurisdictions, maintains continuing education credits, is held accountable by the State Bar and Ethical Rules, and has chosen to dedicate their practice solely to representing children with special needs. 

Should you choose an advocate or special needs attorney near me?

A lawyer has advanced training and education. They have the requisite knowledge of the law that governs your case. They are master negotiators. They know the legal standards involved and what kind of evidence it takes to win. They can advocate on your behalf or take a more aggressive approach and litigate should you reach an impasse at the CSE meeting. They can appear in court and appeal your case, if necessary. And if/when you win with an attorney, the legal fees paid are reimbursable by the district. 

Fees

Advocate fees are not recoverable. Attorney’s fees, however, are able to be recouped if and when you win your case or accept a settlement. Sometimes this “fee shifting” provision of the law also allows special education attorneys to take a family’s case for no money upfront, assuming the risk of litigation and hoping to recover the fees from the district if the parent prevails. 

Representation

Only an attorney can appear in court and represent you in a lawsuit. They also have the right to represent you in mediation or impartial hearings/ due process hearings. Advocates may attend CSE or IEP meetings on your behalf, but should you reach an impasse, you will need an attorney to take the next step. Districts realize this too. You will not walk into the meeting with the same amount of leverage if the districts know you cannot file a complaint if you disagree.
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