EDUCATION LAW
SERVICES
EDUCATION LAW
The special education attorneys and special education advocates at Burns Allen, PLLC represent clients in all special education and 504 Plan matters in Texas and Georgia.
In all states, students, regardless of their immigration status, have a constitutionally protected right to public education. Unfortunately, these rights are not always protected, especially amongst vulnerable populations. Burns Allen, PLLC is dedicated to representing the interests of children in educational matters. The Individuals with Disabilities Education Act (IDEA) offers students with disabilities, between the ages of 3 and 21, an education program tailored to their individual and unique needs. Section 504 of the Rehabilitation Act, along with the Americans with Disabilities Act (ADA), prohibits the discrimination of students, and individuals, based on disability status.
If you are a parent of a child with a disability or if your child has been suspended or expelled from school, been bullied, receives English as Second Language services, been denied enrollment or transfer options, or denied access to general education, Burns Allen, PLLC can help. We have special education attorneys and special education advocates that can support you in disputes over special education, attending IEP meetings, 504 Plan meetings, and general school-based meetings. Contact us now at [INSERT ###] to determine if you have a case against your school system.
ELIGIBILITY AND CHILD FIND
An important part of the IDEA is Child Find — a mandate that public school districts identify, locate and evaluate all children within their district who have disabilities and need special education services.
This mandate applies to children who attend private as well as public schools and encompasses all disabled children, regardless of the nature or severity of the disability. The school’s duty to evaluate your child may be initiated by you or by your child’s school.
Declaring a disabled child ineligible or failing to identify his or her unique needs is unacceptable.
Child Find is the door to educational services for disabled children. Frequently, schools fail to identify children’s disabilities, determine they are not eligible for services or fail to evaluate all areas of suspected disability.
If your child has been ruled ineligible for special education, contact us today at 214.612.6168 for Dallas and 678.824.0100 for Atlanta to determine if you have a case against your school system.
SPECIAL EDUCATION DUE PROCESS HEARINGS AND MEDIATIONS
If your child has an Individualized Education Program (IEP) but has not progressed towards meeting his annual goals, is not receiving the services he was promised, or has an overall ineffective IEP, the school system may be violating his special education rights. We file due process petitions to hold the schools accountable for ensuring children receive a free, appropriate public education. If you believe your child’s special education rights have been violated, contact us today at 214.612.6168 for Dallas and 678.824.0100 for Atlanta to determine if you have a case against your school system.
IDEA, 504 AND ADA CLAIMS
Every child receiving special education services is guaranteed a free and appropriate public education free from discrimination based on her disability. Each child with special needs is entitled to a personalized IEP or 504 Plan based on her unique needs detailing the supplementary supports, services, and aids she would need to receive her special education. If your child has an IEP or 504 Plan and is being discriminated against because of her disability, contact us today at 214.612.6168 for Dallas and 678.824.0100 for Atlanta to determine if you have a case against your school system for that discrimination.
PLACEMENT
The law requires that disabled students be educated in the least restrictive environment. In other words, disabled children should be educated with their non-disabled peers to the maximum extent appropriate.
Placement decisions are made by the Admission, Review and Dismissal (ARD) Committee AFTER the IEP is developed. Placement decisions should always be based on the individual needs of the child. Placement decisions are NOT based on a student’s disability, what supports he or she needs, or what any teacher, parent or principal wants. Placement decisions are NOT based on what is convenient for the school. If your child's placement is not based on his individual needs, contact us today at 214.612.6168 for Dallas and 678.824.0100 for Atlanta to determine if you have a case against your school system.
BULLYING AT SCHOOL
Texas and Georgia law require every single school district to have a policy prohibiting bullying and harassment and outlining protocol for reporting and investigating the bullying. If your child has suffered bullying in the school system, and you reported the bullying but the child is not being protected from the bullying, contact us today at 214.612.6168 for Dallas and 678.824.0100 for Atlanta to determine if you have a case against your school system for their failure to protect your child from bullying.
RESTRAINTS, SECLUSION, AND ISOLATION
Texas and Georgia laws allow restraints students. However, school systems are not permitted to abuse these forms of behavior management. Texas and Georgia laws do not allow seclusion. If your child was secluded or placed in isolation or if your child was restrained and suffered some form of serious harm, contact us today at 214.612.6168 for Dallas and 678.824.0100 for Atlanta to determine if you have a case against your school system.
ABUSE AND INJURIES TO CHILDREN
Neglect and physical abuse of students with special needs or non-disabled children can happen at the hands of a teacher, principal, support staff or other students. If your child was physically abused or injured or verbally assaulted and suffered some form of serious harm, contact us today at 214.612.6168 for Dallas and 678.824.0100 for Atlanta to determine if you have a case against your school system.
ACCOMMODATIONS AND UNEQUAL ACCESS CLAIMS
If a disabled student cannot participate in any part of the school day due to inadequate access accommodations, Section 504 and the ADA provide equal access remedies. Contact us at [214.612.6168 for Dallas and 678.824.0100 for Atlanta to discuss your case if your child cannot access the school or school events due to inadequate access accommodations.
OUT OF SCHOOL SUSPENSIONS/EXPULSIONS
IDEA provides protection for students that are suspended from school due to behaviors that are related to their disability. Additionally, non-disabled students are entitled to representation and notice for school suspensions. If your child has an IEP and has been suspended for more than ten days (i.e., told to go home, placed in in-school suspension, received a bus suspension, etc.), your child’s rights may have been violated. If your non-disabled child was suspended for more than 11 days and did not receive a hearing or right to a hearing, his rights may have been violated. If either situation has occurred, contact our experienced attorneys at [INSERT ###] to determine if you have a case against the school system.
ENROLLMENT/TRANSFER
Every child has the right to attend public school. Sometimes school systems deny enrollment to homeless children or children moving from a different state or county. This is illegal and should not occur. If you attempted to enroll your child in a public school or public charter school and was denied, contact us at [INSERT ###] to determine if you have a case against the school system that denied your child access to the school.
Some education practices vary in Texas and Georgia can vary from school district to school district, but all schools must be in compliance with state and federal regulations when it comes to special education. If your school is in violation of those regulations – whether from lack of funding or lack of attention – Burns Allen, PLLC can help.
Call us now or complete an Initial Consultation Form.