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Children’s Educational Rights and IDEA Legislation

Children with disabilities are entitled to an education, which affords them equitable access to services, extra-curricular, and non-academic activities. Children with disabilities are also entitled to attend school without experiencing disability-based harassment. These rights are protected by federal and state laws, including the Individuals with Disabilities Education Act (“IDEA”) and § 504 of the Rehabilitation Act.

If your child is having problems in school, you may have a lot of questions.

  • Why is my child failing?
  • Are my child’s bad grades due to a learning disability?
  • Does my child have a disability that makes it hard for her/him to pay attention in class?
  • Why is my child getting so many disciplinary referrals?
  • Are my child’s organization problems due to a disability?
  • Does my child need a tutor?

If your child has been diagnosed with a disability and is having problems in school, you may have even more questions.

  • Does my child need an IEP?
  • What is the difference between an IEP and a 504 Plan or a PEP?
  • Does my child need special education and/or related services?
  • Has the school done all the tests and evaluations necessary to understand what my child needs in school?
  • Should my child have a Behavior Intervention Plan?
  • Should a school teach my child daily living skills like how to use money or tie her/his shoes?
  • What are transition skills?
  • If my child needs a nurse on the bus and the school doesn’t have one, can the school require me to transport my child to and from school?
  • Does my child need to be pulled out of the regular classroom to get special services in the resource room?

Our lawyers at Wiggins, Childs, Pantazis, Fisher & Goldfarb represent parents and their children in cases involving students’ access to appropriate educational programs and services necessary to ensure equality of opportunity, meaningful participation in society, independent living, and economic self-sufficiency. It is critical that children with disabilities receive an educational program with appropriate special education and related services, designed to meet their unique needs. We work diligently to protect the rights of children with a variety of disabilities throughout America.

We have 30 years of experience representing parents and students in their attempts to secure an appropriate education and to redress disability based harassment and discrimination. Our lawyers at Wiggins, Childs, Pantazis Fisher & Goldfarb represent clients through negotiation and advocacy at the school district level and have had extensive success resolving issues at that level. We also have a significant amount of experience representing parents and students with disabilities through the mediation process, as well as in administrative and judicial proceedings.

 

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