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Special Education Law

Osterhout Berger Daley > Practice Areas > Special Education Law

At Osterhout Berger Daley, we are dedicated to advocating for families and students with disabilities – our team provides expert legal services to ensure that every child receives the Free Appropriate Public Education (FAPE) they deserve, as mandated by federal law.


Special Education Eligibility

Under the Child Find mandate of the Individuals with Disabilities Education Act (IDEA), we assist in identifying and evaluating children who may have disabilities to ensure they receive the necessary special education services. This collaborative initiative involves working closely with parents, educators, and community agencies to assess the unique needs of each child and determine their eligibility for support.


Individualized Education Program (IEP)

The IEP is a critical component of special education, outlining a personalized plan for each student’s educational journey. Our experienced advocates help families navigate the complexities of IEP development, ensuring that all assessments are thorough and that the provided supports meet the student’s needs. We advocate for proper implementation and regular updates to the IEP to accommodate the evolving educational requirements of each student.


Alternative Placement

For students who may not thrive in a traditional classroom setting, alternative placements can provide the necessary environment for effective learning. Our team advises on exploring various educational settings that best suit the individual needs and abilities of students, ensuring their rights and educational goals are prioritized.


Least Restrictive Environment (LRE)

We champion the inclusion of students with disabilities in the least restrictive environment possible, promoting their participation in mainstream education to the greatest extent appropriate. Our advocacy focuses on overcoming the challenges of inadequate support, social stigma, and resource limitations, ensuring that each child has an equal opportunity to thrive in a supportive educational setting.


Section 504 Plans

Section 504 of the Rehabilitation Act provides protections against disability discrimination and ensures necessary accommodations in the educational setting. We help families understand and enforce these rights, ensuring that students receive the appropriate accommodations to fully participate in and benefit from their educational programs.


Due Process and Legal Representation

Navigating the special education processes can be daunting for families facing disagreements with school districts over special education provisions. Our attorneys are skilled in representing families in due process hearings, mediations, and other legal proceedings, ensuring that the rights of the child are upheld and that educational disputes are resolved fairly.


Advocacy and Support Services

Our firm offers a range of services to assist families dealing with special education issues, including:

  • Attending IEP and Section 504 meetings.
  • Analyzing educational reports and evaluations.
  • Drafting necessary legal and administrative documents.
  • Advising on eligibility and rights under special education laws.
  • Navigating complex special education processes, including Manifestation Determination Reviews and Office of Civil Rights (OCR) complaints.

At Osterhout Berger Daley, we understand the challenges that families face in securing appropriate educational services for their children with disabilities. Our dedicated team is here to provide expert guidance and advocacy to ensure that every child’s educational rights are protected and promoted. For a no-cost consultation to explore how we can assist with your special education needs, contact us today.


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