Pennsylvania Special Education Lawyer

Education Legal Services is proud to offer free legal representation to parents navigating special education disputes. Under special education laws, successful parent attorneys may recover fees from the school district through a settlement agreement or a favorable ruling in a due process hearing. For most of our special education clients, this arrangement ensures that families do not incur legal costs.

Please note, however, that we evaluate each case individually. Some cases may not qualify for this no-cost arrangement. The specifics of our attorney-client relationship, including any fees or the absence thereof, will be detailed in a written engagement letter and fee agreement.

For families opting not to pursue litigation, we provide advocacy services billed at an hourly rate. Additionally, we can assist in connecting families with free advocacy service providers.

A due process hearing can seem daunting, but we’re here to simplify the process. At Education Legal Services, we break the timeline into five manageable steps. Your attorney will guide you through each stage, ensuring you understand your options and feel confident about decisions affecting your child’s education.

Our ultimate goal is to help your child’s Individualized Education Program (IEP) team emerge stronger and more collaborative, even after resolving the current dispute. Remember, this team plays an essential role in your child’s ongoing education and must continue to function effectively in the future.

The Individuals with Disabilities Education Act (IDEA) is a federal law that ensures students with disabilities receive a free appropriate public education (FAPE) tailored to their individual needs. IDEA requires schools to provide specialized services and supports, including Individualized Education Programs (IEPs), to help eligible students access education in the least restrictive environment.

A free appropriate public education (FAPE) is a key requirement under the Individuals with Disabilities Education Act (IDEA). It ensures that students with disabilities receive specialized instruction, services, and supports at no cost to their families. FAPE is designed to meet the unique needs of each student, enabling them to make progress in their education and prepare for further education, employment, and independent living.

A 504 Plan, also known as a Chapter 15 Plan in Pennsylvania, is a formal plan developed under Section 504 of the Rehabilitation Act of 1973. It provides accommodations and supports to students with disabilities to ensure equal access to education. Unlike an Individualized Education Program (IEP), which is governed by the Individuals with Disabilities Education Act (IDEA), a 504 Plan is for students who do not require specialized instruction but need modifications to access the general education curriculum.

Key Differences:

• Eligibility: IEPs are for students with disabilities that affect their ability to benefit from education without special education services. 504 Plans are for students whose disabilities do not require specialized instruction but still need accommodations.
• Scope: IEPs include specific, measurable educational goals and services. 504 Plans focus on accommodations such as extended test time or modified classroom settings.
• Law: IEPs are governed by IDEA, while 504 Plans are under Section 504 of the Rehabilitation Act.

Both aim to support students with disabilities, but they differ in eligibility criteria, scope, and legal framework.

A student with an IEP can be expelled from school, but there are specific protections under the Individuals with Disabilities Education Act (IDEA) to ensure that the expulsion process is fair and considers the student’s disability.

Key Protections:

1. Manifestation Determination: Before expulsion, the school must hold a meeting to determine whether the behavior leading to the expulsion was caused by or directly related to the student’s disability.
   • If the behavior is a manifestation of the disability, the student cannot be expelled. Instead, the IEP team must review and adjust the student’s educational plan and placement to address the behavior.
   • If the behavior is not related to the disability, the student may face the same disciplinary actions as peers, including expulsion.
2. Continuing Education: Even if expelled, students with IEPs must continue to receive educational services to ensure they can progress toward their IEP goals.
3. Exceptions for Safety: If the behavior involves weapons, drugs, or serious injury to others, the school may place the student in an interim alternative educational setting for up to 45 school days, regardless of whether the behavior was related to the disability.

Summary:

While a student with an IEP can face expulsion, schools must follow IDEA procedures to ensure the decision is appropriate and that the student’s right to an education is maintained.