Children with Disabilities and Special Education Law

Representing a child with a disability is a rewarding and frightening task. Family, friends, and neighbors may have a child with a disability and look to you, an attorney, as someone who can provide simple guidance.

This course will discuss the common issues that are present in special education disputes and supply legal remedies. Pete Wright will introduce the course material with an overview of the three statutes and common issues leading to disputes between parents and school districts. Following this will be the acronyms, definitions, cases, and statutes relevant to special education law. The material will provide more depth on common issues such as eligibility for services, IEPs, Discipline, and the remedies and procedures parents and attorneys must follow in special education cases.

Attorneys of all levels are encouraged to attend this course to learn how to represent a child with a disability. Those attorneys who are unfamiliar with this area of law, as well as experienced civil rights litigators in this evolving field of discrimination law, will especially benefit from the contents of this course.

Learning Objectives:

• Describe IDEA's principles and key elements, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act
• Determine which law to use to resolve a dispute amicably to the child's benefit or whether to litigate in the appropriate forum to secure a remedy that benefits the child with a disability
• Evaluate the intellectual and educational achievement test data, such as IQ, reading comprehension, standard, and subtest scores, to determine whether a child is eligible for an Individual Educational Program (IEP) or “Section 504” Plan
• Learn how to conclude whether or not a legal violation exists and, if one is present, which law is the appropriate relief vehicle – IDEA, Section 504, or the ADA
• Explore the evolving issues in special education case law that are expected to increase the frequency of federal court jury trials and verdict outcomes