Special Needs

Lawyering up and preschool

We are starting pre school in less than a year my son is very delayed in EI now and we are aging out soon has anyone ever found using a lawyer for special need services in public school of state private special needs schools? A friend mentioned it and I want to be prepared and get all the services we are eligible also making sure we are offered everything to help his development. Thoughts?

Re: Lawyering up and preschool

  • I would not put "Lawyering Up' as one of my first steps. If you go to the IEP expecting a fight, you will probably get one. You and your husband/partner or a friend should be enough.

    ETA: My short answer is no. I have never hired a lawyer or SN Advocate for an IEP meeting. Then again, we have not had many problems getting services....

    WAY 2 Cool 4 School


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  • Thanks. I thought that also. But im scared that we wont get enough services that are available to us. We are not offered anything now and not being familiar with the system i thought it may be the right choice. Maybe not necessary
  • Yes they will. And we will get a whole new team from the state I think to help "guide" us through the process but Im worried because we had ok people from our state but most of the time we are given the bare minimum and if we are more aggressive maybe we wont have to jump through as many hoops. Idk ive heard people use this just wondering if anyone had any thoughts this is all new to us and i want to do whats best for my kid
  • imageStinkman:
    Thanks. I thought that also. But im scared that we wont get enough services that are available to us. We are not offered anything now and not being familiar with the system i thought it may be the right choice. Maybe not necessary

    Wait, I am confused. If he is "very delayed" he should be eligible for services. Do you mean that you are getting services, but he is still really behind?

    WAY 2 Cool 4 School


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  • He is getting services. Im worried we aren't being guided through the system appropriately.
  • imageStinkman:
    He is getting services. Im worried we aren't being guided through the system appropriately.

    Regarding this issue you are TOTALLY not alone. I have had some guidance from EI but it was wishy-washy at best. I have had to "read between the lines" of our Service Coordinator just to figure out what Nate's potential preschool placements would be (If we went IEP) so I could do a bit of research on my own. They SAY that the placement will not be decided until the goals are written, but come on. I am SURE they have some idea of where he would be placed.

    We ended up just extending the IFSP until age 4 so that Nate could gain some more skills. Do you have the option of an extended IFSP? Not all states offer this....

    WAY 2 Cool 4 School


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  • Makes sense. Just very scared for the next step and it seems families do that in the school systems in my area. We do some private which we pay out of pocket as well as EI right now.

    Thanks for the feedback appreciate it!
  • Thanks! Im actually not sure I will have to ask when we have our meeting. We do private therapy also. I feel like I have to pry to get them to help and when i ask too many questions they tell me they will check on whatever im asking and send me some information about navigation through benefits etc no real answers. I dont know why
  • You may want to look at the library and see if there are any books that could help you. Even if it is not a book that specifically talks about your child's Dx, they may have a chapter on how to advocate for your child. I found some great info in a book I checked out about Down's Syndrome and that is not Nate's dx.

    I really need to get my head around Wright's Law so I know what is what when Nate transitions at 4. I think if you are aware of what the policies and procedures are for Special Needs education in your state you will be ahead of the game.

    Another resource we have here in Maryland that I will probably take advantage of is called "Parents Place". It is an organization of parents who have children with special needs. They have workshops on a variety of topics and I think it is a national organization (?)

    My best sources of information are the other special needs parents and therapists I have come in contact with via Nate. We can always dish about services and get ideas from each other.

    WAY 2 Cool 4 School


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  • Thank you everyone for tje feedback its really helpful. Im going to look and see if there are any groups avaialble to me and see if i can get some of my own research. Your right I need to save my money for private services!

    Thanks again
  • It's all different depending on your state and sometimes even county specific. Here, in VA your child ages out of EI and is eligible for the SN preschool as early as age 2.  But, by age 3 they can no longer receive EI.  They get, at most 4 hours a week and get no one on one PT, ST or OT.  So, if DD1 was still experiencing the same caliber of gross motor delays she was a year ago, it wouldn't be incredibly beneficial for her.  
    I've found the majority of my information from blogs whose children share the same or similar dx in my state.  I found out about things I didn't even know about, like the medicaid waivers and HIPP that way.  No one really tells you about this stuff, so i get where you are coming from.  I completely disagree though, that you should enter with a lawyer, and like auntie said, I would use that money for private therapies.

    You could also try to contact a local disability resource center and see if they can give you some information.  Good luck!  I just spent close to a year dealing with the preschool process (P has medical needs that keep her from attending typical preschool but she does not have a cognitive delay) We started this process last May, were denied over the summer, I did some more research, found no options for us, they did more testing and we just got approval that they have made a spot for her as a neurotypical peer.  I don't think this would of happened if I would have lost it and been all, "I'm calling a lawyer!"  Yes it was frustrating, and yes I got mad, and yes I said some kind of not so nice things, but I wasn't threatening, I took more of the feeling like a victim approach.   

     

    DD1(4):VSD & PFO (Closed!), Prenatal stroke, Mild CP, Delayed pyloric opening/reflux, Brachycephaly & Plagiocephaly, Sacral lipoma, Tethered spinal cord, Compound heterozygous MTHFR, Neurogenic bladder, Urinary retention & dyssynergia, incomplete emptying, enlarged Bladder with Poor Muscle Tone, EDS-Type 3. Mito-Disorder has been mentioned

    DD2(2.5): Late term premie due to PTL, low fluid & IUGR, Reflux, delayed visual maturation, compound heteroygous MTHFR, PFAPA, Bilateral kidney reflux, Transient hypogammaglobulinemia, EDS-Type 3


  • Without seeing many of the other people's responses, I'd never lawyer up in preparation.  For one, it makes you look like you're not going to work together.  Secondly, knowing the law yourself make you more of an asset, etc.  I have hired another advocate last fall just to bounce ideas off of since I am advocating for others myself.  You also have to pay for that person on retainer.  Do you really want to keep a lawyer on retainer and pay a fee for a "just in case"?
  • Unless you and your partner are the lawyer, I think bringing one in to your first IEP meeting is like drawing the line in the sand and saying "bring it" and that's not what you really want to do.

    I would say that looking into one and knowing what's available to you is a good idea and then see how your IEP goes.  If you feel you aren't going to be getting the kind of help your son needs, then speak to your lawyer.  You may be surprised.  I will say it won't be as touchy feely as EI is.  They believe in LRE which comes with a certain level of "we won't hold his hand as much as we've been doing" and for us moms we immediately balk at that but in the end, they do need to learn to navigate the world with as minimal help as possible - as much independence as they can and it has to start early.  That's not to say that if you think that he really does need some additional help you shouldn't fight for it but you have to stand back a little first.  Who knows, your kid may end up surprising you?  

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  • Hm, interesting...I brought a lawyer to my first IEP meeting and it was the best decision ever. I have also used another one twice for due process. Never had a bad experience or was treated like someone who wanted to bring it, as someone pounted out. Then again, we are dealing with the largest school district in US in terms of the number of SN students serviced, so everything is very business like. Also, the relationship my lawyer had already had established with the district reps made everything easier. They were on a first name basis. He is very knowledgeable in his field and also a dad of two autistic twins, so he was very easy to work with, as he understood it from the parents side. I never paid a dime for the due process, district paid for my lawyer. The first IEP, i did pay, but the services we got more than paid for that, as we did not have to supplement with private therapy.
  • Hi... I am actually in the same exact position you are and we have our IP1 meeting this coming Tuesday...

     We decided to hire a Special Education Advocate for DS.  I'm not sure what your district is like, but from other people I know who have gone through the process in mine - they all said that if they could start over again, they would have hired a SNA from the start.  Not to be litigious, if anything to AVOID having it get to that point.  This is just someone to guide us through the process - helping with little things like the proper verbiage to use and what information to reveal and keep to ourselves at any given point.

    I hope this helps and good luck to you! 

  • We hired an educational advocate only after I felt the school district was not providing the services my son needed. She is excellent and probably more knowledgeable regarding SPED laws than some of the school SPED people we worked with in our prior district.  She was on speed dial in the city district! If you are not comfortable with the laws I suggest looking into one.
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