7 www.loubar.org March 2025 (Continued from previous page) ing time schedules. Your ability to present these changes in a fair and compelling way can benefit your client. When you understand special education law, you can make powerful arguments that resonate with courts and protect the child’s interests. IEPs and 504 Plans: Cornerstones of Special Education Law Two key legal documents govern special edu- cation services: the Individualized Education Program (IEP) and the 504 plan. • An IEP is a comprehensive, legally bind- ing document tailored to a student’s specif- ic needs, outlining specialized instruction, related services and measurable goals. • A 504 plan is less intensive, focusing on accommodations and modifications to ensure equal access to education for students with disabilities. In short, IEPs can modify instruction and assessments while 504s can accommodate how a child receives the same instruction or assessments as their peers. While school districts are obligated to provide these services, the process can be complex and contentious. Parents often feel overwhelmed and under-equipped to advocate effectively for their child’s needs. This is where family lawyers can step in, leveraging their legal expertise to navigate the intricacies of special education law. The IEP Process: A Tool for Advocacy The Individualized Education Program (IEP) is a powerful tool that ensures children with disabilities receive a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA). However, many parents struggle to navigate this process. This is where your skills as a family lawyer can shine. The IEP process involves: 1. Referral and evaluation: The IDEA’s “child-find” mandate requires public schools to evaluate students suspected of having a disability. Parents or teachers can request an evaluation, and schools can only refuse if there is no suspicion. Delays and denials are common, so advocacy is crucial to ensure students receive proper evaluation. 2. Eligibility determination: A team of professionals and parents determines if a child is eligible for special education services. Disagreements may arise due to the complexity of the disability cat- egories and differing opinions of team members, requiring negotiation skills from lawyers. 3. Developing the IEP: The collaborative process involved in creating an IEP is essential for outlining a child’s current academic and functional performance, setting measurable goals, determining necessary services and supports, and specifying accommodations to facilitate learning. By actively participating in the IEP meetings and collaborating with the school team, you can play a crucial role in ensuring that the parents’ concerns and perspectives are taken into account and can have a significant impact on the child’s educational experience and overall well-being. 4. Implementation and review: When educational institutions neglect to imple- ment IEPs as they are formally written and agreed upon, this can result in a failure to provide the FAPE guaranteed to all students under federal law. In such instances, legal intervention may become necessary to ensure that the school is held accountable for its obligations and that the IEP is implemented faithfully as written. This may involve initiating due process proceedings, filing complaints with state or federal agencies or pursuing other legal remedies. By helping families navigate this process, you provide them with peace of mind and empower them to secure the services their children need to succeed. The Role of Section 504 Plans While an IEP is a crucial tool for students with disabilities who require specialized instruction, it’s important to remember that not every child with a disability will meet the criteria for an IEP. The Rehabilitation Act of 1973, specifically Section 504, of- fers a broader framework for supporting students with disabilities who may not need specialized instruction but still require ac- commodations to ensure equal access to education. Unlike an IEP, which focuses on specialized instruction and related services, Section 504 accommodations are designed to level the playing field by addressing the specific needs of students with disabilities. These accommodations can take various forms, depending on the individual student’s needs. For example, a student with dyslexia might receive extended testing time to compensate for their slower reading speed, while a stu- dent with ADHD might benefit from assistive technology that helps them stay organized and focused. Other common Section 504 accommodations include preferential seat- ing, access to a quiet testing environment or the use of a notetaker. Parents often feel overwhelmed when determining whether an IEP or 504 plan is appropriate for their child. As a family lawyer, you can: • Explain the differences between IEPs and 504 plans. • Consult with experts and providers to advocate for the proper evaluation and accommodations. • Challenge schools that fail to provide adequate support. This knowledge will make you an invalu- able resource for families who feel lost in the system. Practical Steps to Get Started If you’re ready to embrace special education advocacy, here are some steps to consider: 1. Educate yourself: Familiarize yourself with IDEA, Section 504 and relevant state laws. Consider attending workshops or partnering with special education ad- vocates. Reach out to the LBA if you are interested in CLEs on these topics. 2. Build a network: Collaborate with psy- chologists, educators and therapists to create a robust support system for your clients. 3. Offer initial consultations: Help fami- lies understand their rights and options, even before disputes arise. 4. Stay current: Keep up with changes in education law and local practices to pro- vide cutting-edge advice. 5. Integrate this work into custody cases: Highlight your expertise in special edu- cation during custody disputes to show courts how you can help achieve the best outcomes for children. Conclusion It’s important to note that IEPs and Section 504 plans are not intended to give students with disabilities an unfair advantage; rather, they aim to remove barriers that might otherwise prevent these students from fully participating in and benefiting from their education. By providing appropriate ac- commodations, schools can ensure that all students, regardless of disability, have the opportunity to succeed. This is just an introduction to special educa- tion advocacy and representation. If you have questions or want to join the growing commu- nity of lawyers providing these services, con- tact me directly at [email protected]. For more information about my work with Helmers+Associates, visit www.helmerslaw. com. Integrating special education advocacy into a family law practice is not only a natural extension of existing services but also a strategic business move. By recognizing the interconnectedness of family law and special education, attorneys can better serve their clients, expand their practice and make a lasting difference in the lives of families with children with disabilities. Melina Hettiaratchi is a lawyer with a strong background in special education and advocacy. She earned a degree in Early Childhood Edu- cation from Mercer University, specializing in education equity and special education instruc- tion, before pursuing law at UC San Francisco College of the Law. Her legal career focuses on holistically supporting families by consulting on special education matters, facilitating con- nections to resources and advocating in court and schools when necessary. Now practicing in Louisville at Helmers+Associates, she leads in family law and commu- nity advocacy, earning recognition as a Super Lawyers Rising Star in 2024 and 2025 and the LBA’s Robert and Frank E. Haddad Young Law- yer Award in 2023. n Don’t roll the dice on your practice’s future. Sure, there is a chance you’ll never need us. But why take that chance? Lawyers Mutual is dedicated to Kentucky lawyers and makes your work our priority. Call (502) 568-6100 or visit LMICK.com for more information on how you can cover and protect your practice. We want you to focus on what matters.
