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The Education Law Division of Hollingsworth & Zivitz, PC. Ensuring your child’s success in school and in life.

Special Education And The Individuals With Disabilities Act

We help you find your way through the labyrinth.

Special Education is not just a word or a label for services, it is a complex set of federal and state laws, that are designed to provide your child a specialized educational program to meet their needs.For many parents whose children are receiving special education it can be a confusing jungle of information and services, and it is hard to know what your child should be receiving.

Under the Individuals with Disabilities Act, which is a federal law, there are specific legal guidelines, rules, and procedures which schools must follow so that your child does indeed progress – academically, behaviorally, socially, and psychologically.Under Section 504 of the Rehabilitation Act, your child’s needs must be accommodated. Both Indiana and Texas have extended these laws further to provide additional services and protections for children. There are also a variety of state laws that intersect to provide your child even more refined services.Most families have no idea what their child should be receiving – we help you understand, plan, and take action if your child has not been provided appropriate educational programming.Our goal is to help you and your child find success and understanding.

We navigate the waters for you.

When most parent sit a case conference, they feel overwhelmed and outnumbered.Some feel grateful for any service they are receiving without understanding that their child is entitled to these services and often much more.Public and charter schools are obligated to provide a continuum of placements and services from residential placements to a simply a second set of textbooks for students who need them.Most parents are woefully unaware that their child can receive fairly comprehensive services directly from school – including speech therapy, occupational therapy, physical therapy, counseling, psychiatric services, assistive technology and home training for families on assistive technology, goals across all areas of need, and programming specifically designed for that individual child’s needs.

We give you a voice.

The Individuals with Disabilities Education Act (IDEA) entitles parents of children with special needs to challenge their child's educational programming if they believe it does not meet their child's needs. A program may be inappropriate for a variety of reasons. In many cases it may simply not provide the goals, services, and accommodations that a child needs, in others it may not be appropriately implemented by the school, and in others it may be that the student needs a private placement due to the school’s failure or inability to provide services.

In situations where a parent has been unable to work with a school to get an appropriate program for their child, a parent has the right to request a Due Process Hearing to resolve the disagreement with the school regarding the child's disability, identification, evaluation, eligibility, placement, services, or reimbursement of services. The state Department of Education appoints an Independent Hearing Officer (IHO) to hear the issues in the case and render a decision and remedy. We work with parents at every step of this process from filing the action all the way through federal litigation if necessary. We give parents the voice they need.

Why Choose Us? We Break the Stereotypes.

  • Results-driven strategies that are personalized to your unique situation
  • Passionate advocacy from experienced lawyers who are included on the prestigious list of Super Lawyers®
  • Working late nights and weekends, when necessary, in order to help you obtain the favorable case outcome you desire

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