My practice concentrates on assisting parents and students in all areas of education law.
Many parents ask if they should hire an attorney before a special education hearing.
It is my recommendation that parents who are considering any type of due process hearing should contact an attorney before requesting the hearing. Though parents can represent themselves and their children at a hearing, the school district if it is located on Long Island, New York, will always have an attorney at the hearing. It is my opinion that parents should have an experienced attorney represent them at any hearing. The attorney you select should be familiar with special education law and Section 504 of the Rehabilitation Act.
I receive many calls from parents who have had a child suspended from school. An attorney who is experienced in education law can frequently help you in this area. Most school districts have internal appeal policies that must be followed if you disagree with the school's decision. There are also state regulations and laws that the school district must follow in order to suspend your child out of school. For students who have an IEP or 504 plan the school district must follow additional procedures in order to suspend a student with a disability out of school for more than ten (10) school days.
There are many laws, regulations and policies involved in representing parents and students in the area of education law. Parents looking for an attorney to represent them should ask questions regarding the expertise and knowledge of the attorney in the area they wish to be represented. In my opinion the attorney you choose should be familiar with the regulations of the Commissioner of Education in New York State, school district policies and procedures, the IDEIA (IDEA), and Section 504 of the Rehabilitation Act as well as case law in the area of education law.
Deborah Berger, Esq.
All Correspondence: Office Address (No Mail) 218 Main Street # 107 1353 Stony Brook Road East Setauket, NY 11733 Stony Brook, NY 11790 Phone: 631-630-6982 Fax: 631-630-6983 Email: deborahberger@optimum.net
