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Empowering Students with Disabilities and Their Families with Expert Legal Advocacy Solutions

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Special education advocacy is a fundamental practice area at K Altman Law. We pride ourselves on having a special education advocacy team featuring members who have years of experience advising families about special education services, programs, and eligibility requirements. The rights of both parents and children are integral to any case involving a person who receives special education services.

How We Help Families

Special Education Eligibility

Child Find, under IDEA, identifies and evaluates children with potential disabilities, ensuring they receive the necessary special education services. This collaborative initiative involves parents, educators and community agencies, working together to assess children’s unique needs and determine their eligibility for support. Reach out to K Altman Law today and take the first step toward educational equity for your child.

Least Restrictive Environment (LRE)

Least Restrictive Environment (LRE) mandates inclusion for students with disabilities. Special students may face inadequate support, social stigma and insufficient resources. K Altman Law’s proficient team of special education advocates offers expert guidance on LRE, fostering inclusive experiences and advocating for your child’s rights. Through our dedication and expertise, we’ll work together to overcome LRE-related challenges and create a thriving educational environment for your child.

Free Appropriate Public Education (FAPE)

Free Appropriate Public Education (FAPE) ensures accessible, individualized education for students with disabilities. Special students may face inadequate assessment, limited resources and insufficient support. K Altman Law’s team of special education advocates offers expert guidance on FAPE, helping families navigate eligibility and secure appropriate services.

Individualized Education Program (IEP)

An IEP is a tailored plan for students with disabilities. Special students may face issues like inadequate assessment, insufficient support and untrained educators. Experienced special education advocates at K Altman Law can help address these challenges by providing expert guidance on IEP development, ensuring access to appropriate services and resources and advocating for your child’s rights in the special education system. 

Section 504

Section 504 is a civil rights law prohibiting disability discrimination. Special students may encounter inadequate accommodations, compliance issues and limited understanding of their rights. Team of special education advocates at K Altman Law can help resolve challenges related to Section 504 plans, ensuring appropriate accommodations and advocating for your child’s rights.

Manifestation Determination Review

A Manifestation Determination Review (MDR) is a process in special education that determines if a student’s behavior is a direct result of their disability. Special needs students may face challenges in this review, such as a lack of understanding of the process and difficulties in communicating their needs. K Altman Law offers professional services of Special Education Advocates to help navigate the MDR process and ensure that the student’s rights and needs are being met.

Alternative Placement

Alternative Placements in Special Education refer to educational settings outside of the traditional classroom for students with special needs. These students may face challenges in finding the best alternative placement that meets their individual needs and abilities. K Altman Law offers professional services of Special Education Advocates to help navigate the process and ensure that the student’s rights and needs are being met in their alternative placement.

Due Process

Due process safeguards special students’ rights in educational disputes. Issues may include complex regulations, inadequate representation, and miscommunication. Special education advocates at K Altman Law offer expert guidance on due process for students with disabilities, ensuring fair representation and strong advocacy. With our unwavering commitment and expertise, we’ll navigate due process complexities together, championing your child’s rights and securing their educational future.

Office of Civil Rights (OCR)

The Office of Civil Rights (OCR) plays a crucial role in protecting the rights of students with special needs. Special needs students may face challenges in navigating the OCR process, such as a lack of understanding of their rights and difficulties in communicating their needs. K Altman Law offers professional services of Special Education Advocates to help students and their families understand the OCR process and ensure that their rights are protected and upheld.

 

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What does a Title IX attorney do?

Navigating a Title IX case can be overwhelming and confusing for students. That’s where a Title IX attorney comes in. From providing legal advice to representing you during the Title IX investigation and live hearing, a Title IX attorney can be an asset in defending your rights and achieving the best possible outcome. At K Altman Law, we specialize in Title IX cases and have a team of experienced Title IX attorneys who can guide you through the process. 

What is a Title IX lawyer?

A Title IX attorney is a lawyer who specializes in Title IX law and represents individuals who are involved in Title IX cases. This law covers a wide range of issues, including sexual harassment, assault, and sexual misconduct in educational institutions. A Title IX attorney can provide legal advice, guidance, and representation to students. They also represent educational professionals, and other parties who are involved in a Title IX case. They can help their clients understand their rights and options, navigate the complex legal system, and advocate for their interests.

Common Challenges Faced by Students

Before we dive into what a Title IX attorney can do, let’s first address some common challenges that students face when dealing with a Title IX case. These can include:

Lack of Knowledge

Many students are unfamiliar with Title IX laws and regulations, and they may not know their rights or what to expect during the investigation and hearing process.

Emotional Distress

Being accused of sexual misconduct can be emotionally distressing for students, and it can be challenging to navigate the process while dealing with these emotions.

Biased Investigations

Title IX investigations can be biased, and students may feel like they are not being heard or that the process is unfair.

Lack of Support

Students may feel like they don’t have anyone on their side or that they are alone in the process.

How K Altman Law Can Help?

The attorneys at K Altman Law are Title IX specialists who can provide students with comprehensive legal services to overcome their challenges in Title IX cases. Here are some ways in which K Altman Law’s attorneys can help:

1. Legal Advice and Guidance

Our Title IX attorneys can provide students with legal advice and guidance on Title IX issues, including their rights and options, the investigation and hearing process, and potential outcomes. We can also help students understand the nuances of Title IX law and how it applies to their situation.

2. Representation

Be it a Title IX complainant or a respondent, our Title IX attorneys can represent students throughout the Title IX investigation and hearing process. We can help students prepare for interviews, provide guidance during the hearing, and advocate for their interests. We can also help students challenge any adverse decisions or outcomes.

3. Evidence Gathering

At K Altman Law, we help students gather evidence to support their defense. We can work with students to identify witnesses, gather documents, and conduct investigations that can help build a strong defense.

4. Defense Strategies

We can develop Title IX defense strategies that are tailored to the unique circumstances of each case. We can challenge the credibility of the accuser, argue that the conduct in question was not sexual misconduct, or challenge the process as biased or unfair. We can also negotiate settlements or file appeals if necessary.

5. Emotional Support

Going through a Title IX case can be emotionally draining for students. At K Altman Law, emotional support and guidance throughout the process, ensuring that students feel supported and heard.

Contact K Altman Law today to schedule a consultation

K Altman Law offers nationwide legal representation to students in Title IX cases. We have decades of experience representing and protecting student rights. Our dedicated team of Title IX attorneys, student advisors, and consultants can help you defend your rights. Schedule a consultation with K Altman Law today by contacting us at 888-984-1341 or kalonline@kaltmanlaw.com

What Should I do if I am accused of a Title IX violation?

Being accused of sexual misconduct is an alarming experience. You may not know the origins of the allegations. It is more than likely that a person you are close to made the Title IX allegations. Under Title IX, you must undergo an investigation. If you are found guilty, you may face severe penalties. Suspension and expulsion are the two most common sanctions enforced against those found to have committed sexual misconduct. Also, you may face public shame and ridicule even if you are found not to have committed sexual misconduct.  

It’s important that you remain calm and focused if you discover you are facing allegations regarding a Title IX violation. Remember that you should focus on taking one step at a time throughout the Title IX process. The following are some of the things you should do if you are accused of a Title IX violation. 

Maintain Your Normal Life 

You need to focus on staying calm and relaxed during this stressful time in your life. You should try to seek medical treatment if you are experiencing severe depression or anxiety. It is also important to maintain a regular routine. Attend class, play sports, and enjoy the hobbies you had before you were the subject of a Title IX investigation.  

Stay in contact with family and friends while you are going through the Title IX process. Supportive people can help you think long-term about the Title IX action and the importance of your education.  

Speaking With Witnesses 

Create a list of potential witnesses who may be able to help you and your student defense lawyer. Both character witnesses and fact witnesses may be helpful during Title IX cases. Fact witnesses recall first-hand accounts of what occurred during a specific place and time. Even second-hand accounts are permissible in Title IX cases. A witness who only heard about a fact may testify.  

Character witnesses testify regarding a party’s reputation and behavior. An individual who has known you for a long period of time will be a good character witness. It is important to identify any witnesses who may contribute to your Title IX case.  

Collecting Evidence 

Do not take it upon yourself to investigate every aspect of your Title IX case. You can take steps to make sure you have a robust defensive strategy regarding the allegations you are facing.  

Collect any items of physical evidence concerning the events related to your Title IX case. You should also collect documentary evidence related to the Title IX investigation. Examples of important items of evidence include video recordings, photographs, and articles of clothing.  

You should not destroy evidence out of fear that it will harm your case. A student defense lawyer can help you determine which items of evidence will be useful to your case. You can keep a journal that describes how the Title IX case is affecting you. Also, consider writing down a timeline and list of facts regarding your case.  

Do Not Speak to the Complainant

Do not speak to the complainant under any circumstances. Universities and colleges typically demand that the complainant and respondent not communicate during the Title IX investigation. Although you may want to speak with the complainant, you must refrain from contacting them. Do not call, text, or otherwise communicate with the complainant in your Title IX case.  

You cannot assume that the person who asserted a Title IX complaint against you is trustworthy. The complainant may accuse you of harassment if you contact them. A complainant may even request a no-contact order to prevent you from even being physically near them. Do not send messages to the complainant through other people, and do not speak to the complainant on social media applications.  

Do Not Speak to Others 

Speak to your family and a close friend about the Title IX investigation, but no one else. Speak with your student defense lawyer before you contact anyone about your Title IX case. You should not discuss the facts of your case with anyone except your student defense lawyer, your parents, and a close friend.  

You may believe that the university or college you attend will help you, but it is important for you to realize that the university or college will protect its own interests. Do not speak to the school or the media. A student defense lawyer will help you deal with every aspect of your Title IX case.  

Talk to a Student Defense Lawyer

If you are being investigated under Title IX, it is important to retain an experienced student defense lawyer as soon as possible. Title IX cases involve many different parties and legal issues. By retaining a skilled student defense lawyer, you are doing the best thing for your academic career and your future.  

How does transferring schools affect my athletic eligibility?

Transferring can be a game-changer. If you’re moving from one four-year school to another, you might have to sit out a year before you can play. But there are exceptions, like if you’re moving down a division level or if you’ve graduated and still have eligibility left. Community college transfers have different rules, often allowing you to play right away. It is always best to check with the compliance office at your new school to get the full picture.

Can I play college sports if I’ve played professionally or semi-professionally?

If you’ve played professionally or semi-professionally, it could affect your eligibility. NCAA rules usually say that if you’ve competed with professionals, received payment beyond actual and necessary expenses, or signed a contract with a pro team, then your college eligibility could be on the line. It’s on a case-by-case basis, better to check with your school’s athletic compliance office.

What academic requirements must I meet to remain eligible for college sports?

To keep playing your sport, you have to follow your university policies in this matter. Most colleges follow the NCAA rules, which generally mean you need to maintain a certain GPA (usually around a 2.0 or higher). Plus, you’ve got to keep making progress toward a degree, which means passing a certain number of credits each year. Don’t forget, these requirements can vary depending on your school and the division level of your sport.

What is the university’s policy on alcohol and drug use?

Each university will have its own specific policy regarding alcohol and drug use, which you can find in the student handbook or on the university’s website. These policies often include rules about drinking on campus, especially for under-21s and in dorms or at college parties. For drugs, universities typically follow the state and federal laws, meaning that illegal drug possession and use are prohibited at college too. Some universities are stricter than others where alcohol is prohibited on campus, no matter how old you are. Better to familiarize yourself with these policies to avoid unintended alcohol violations or drug offenses. 

Where can I find help if I’m struggling with substance abuse?

Most universities offer a range of resources for students struggling with substance abuse, like counselors you can talk to, referral to rehab programs or support groups either on campus or somewhere nearby. It’s all confidential so you can get help without worrying that everyone will find out or it might have academic repercussions. Some universities even have educational programs about substance abuse, prevention, and healthy coping mechanisms.

What are the consequences of being caught with alcohol or drugs on campus?

The consequences for alcohol or drug violations on campus vary.  Each college has its own rules, but generally, you may face disciplinary action from the university, such as probation, suspension or expulsion.

On the legal side, each state has its own laws. So, if you’re accused of drug or alcohol violations, you might end up being charged with fines or criminal charges, especially if you’re not 21 yet or holding something illegal. This type of violation will be mentioned in your academic record which may affect your future educational or employment opportunities. It’s advisable to reach out to an education attorney if you’re facing legal consequences. Universities often have a code of conduct that outlines these consequences in detail.

Why is it important to have a standardized IEP?

A standardized IEP helps ensure consistency and understandability across different teams and locations. It should follow the student and provide a complete picture of their needs no matter where they are.

What is FBA (Functional Behavior Assessment) in special education?

A Functional Behavior Assessment (FBA) in special education is a process used to understand the purpose or function of a specific behavior exhibited by a student. The primary goal of an FBA is to identify the reasons behind a student’s challenging behaviors, especially when these behaviors impede learning or social interaction. It involves several key steps:

  1. Identification: Clearly defining the problematic behaviors in observable and measurable terms.

  2. Data Collection: Gathering information about the behaviors through observation, interviews, and record review.

  3. Analysis: Analyzing the data to identify patterns in the behavior, focusing on the antecedents (what happens before), the behavior itself, and the consequences (what happens after).

  4. Hypothesis Development: Forming hypotheses about the function of the behavior, such as seeking attention or avoiding tasks.

  5. Intervention Strategies: Developing tailored strategies to address the behavior, which may involve environmental changes, teaching new skills, and modifying responses to the behavior.

  6. Implementation and Monitoring: Implementing the strategies and continuously monitoring their effectiveness.

  7. Review and Adjustment: Reviewing and adjusting the plan as necessary based on ongoing monitoring.

The FBA process is collaborative, involving educators, specialists, and parents, and is crucial for creating an effective Behavior Intervention Plan (BIP) that meets the student’s unique needs.

What is reverse inclusion in schools in the USA?

Reverse inclusion refers to the practice of including general education students in special education classes. This approach has started to gain some attention as school districts become more considerate of the universal needs of all students. However, there is still a divide in many schools where students who require special education are often set aside, resulting in a need for improved inclusivity.

What should be done when the behaviors of a child with an IEP are significantly interfering with their learning?

When a child’s behaviors are significantly interfering with their learning, two things should happen. The IEP team must conduct a functional behavior assessment (FBA), and a behavior intervention plan should be in the process of being completed.

We Guide Families Through the System and Provide Expert Representation

Special education advocacy consultations are a good way for parents and guardians to learn more about the services provided by the special education advocates at K Altman Law. We help family members and children with their special education needs. You may not understand how to proceed after learning that an educational institution may not be fulfilling its duty to provide your child with the services and accommodations they need. The following is what you can expect during a special education advocacy consultation:

  • Discussing the present needs of parents, guardians and children who may need to revise an Individualized Education Plan or schedule an appointment with a medical specialist

  • Assessing the current services and accommodations provided to the student by an educational institution

  • Formulating response plans for pending evaluations, upcoming assessments and unexpected diagnoses

  • Reviewing relevant educational and medical information to help the child achieve their goals

Our Success Stories

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Student with Intellectual Disability and Autism Suspended Indefinitely

An eight-year-old boy diagnosed with an Intellectual Disability and Autism exhibited aggressive behaviors toward staff and peers.

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Student Removed from Full Day Special Education Programming Without Parental Consent

An 11-year-old student who is autistic and several years behind grade level had received 80% of her day in a special education resource classroom since kindergarten.

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Student Denied Special Education Eligibility Ultimately Qualifies for an IEP

A West Coast family was concerned because their middle-school aged son was being repeatedly suspended and exhibiting self-harm in school. His parents had requested an evaluation for their son, but they were told he was “too smart” to need special education services.

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Senior Will Graduate with a Quality Plan for the Future

The family of a 17-year-old student with dyslexia contacted K Altman Law for help navigating inconsistent grading policies and a lack of IEP accommodations.

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Pre-Determined Placement for a Student with Autism Overturned

A family in a well-established early intervention program contacted our firm because their school district decided that their son, diagnosed with Autism, could not remain in his preschool setting for an additional year.

Available Services for Clients with Non-Legal Special Education Issues

Having a special education advocate on your side can reduce some of the stress and anxiety experienced by parents and guardians who are helping children with non-legal special education issues. The following are some of the services offered by K Altman Law for individuals seeking a special education advocate:  

  • Attending Individualized Education Plan (IEP) meetings with parents and guardians  

  • Attending Section 504 meetings with parents and guardians

  • Analyzing reports and evaluations to provide professional recommendations regarding placement, programming, accommodations and related services. 

  • Drafting complaints, responses, and requests to school districts, school boards, and administrators 

  • Navigating Manifestation Determination Review Hearings and appeals

  • Helping parents and guardians understand their rights and their children’s rights under laws pertaining to special education in the United States 

  • Advising parents, guardians, and family members about eligibility requirements for special education  

  • Sharing updated information regarding national, state and local resources for children with disabilities  

  • Filing Due Process or OCR complaints

Let us hear your story!

In the United States, special education laws, including the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA), provide students with disabilities various rights and protections. This article takes you through some key student rights in special education law

Services for Special Education Students

Learning that your child has been denied the services or accommodations they require can be alarming. A special education advocate helps families address the problems they have with educational institutions. The following are some of the most common problems students may face at school: 

  • Lack of appropriate evaluations to inform decision-making

  • Denial of special education services or accommodations

  • Insufficient behavioral supports

  • Lack of progress monitoring toward annual goals and objectives

  • Incomplete or missing transition plans

  • Lack of related provider services

  • Lack of access to curricula

  • Disregard for parent input regarding services and needs

  • Disagreement over educational placement

Federal and state laws may be implicated in conflicts between special education students and their schools. Our special education advocates work with attorneys at K Altman Law to assist students and their families with every aspect of their special education needs. 

What Our Clients Say About Us

An Appreciative Client

Thank you so much for all your help and support!! I don’t know where we would be without you!! I am praying we won’t need services again, but if we do, I will definitely be in touch!! I will definitely recommend your services if anybody needs it!

Anonymous

Student with Mozaic Fragile X Syndrome

We have our share of challenges in raising a child with Mozaic Fragile X syndrome. We needed a support from the advocate, that would help us to get the right placement for our son in the school. When we found Rebecca Sidders and explained what we would like to achieve for our son, she had a plan of action, and was committed to helping us in any way possible to get what he needed. Her tenacity throughout our case with the school district, resulted in a favorable outcome where the school district agreed to change the placement, program and IEP. Thank you from the bottom of our hearts, we truly appreciate all your hard work on our behalf.

Anonymous

Helping a Female Student with his IEP

I am so appreciative of all your help. I can tell you are compassionate about what you do. As you can tell I’ve had my work cut out for me dealing with this school city and if it wasn’t for your help I feel my daughter would’ve still been in a rut. I can’t thank you enough. You have been such a blessing to us. I look forward to finishing this up, with your help, and then working with you for my other child as well. Thank you again!

Anonymous

Helping a Family with their Special Child's Education System

Thank you for all your hard work. I could not have done it without you. You were a great advocate for our family. This is the best thing for our child, and I have already seen improvements since our recent meeting. We have a long way to go, but, this is a great start. I want to be sure you know our family appreciates all you did.

Anonymous

School-based Team

Thank you for being the advocate needed yesterday. We as professionals must remember we are here for the betterment of our students regardless of ability or disability; finding a solution is always the way. We are responsible for doing what’s right, not what’s easy.

Jane Bazz

Helping a Male Student with his IEP

Thank you so much for your support, leadership, and assistance in tightening up our son’s IEP. I truly believe your presence simply resolved several issues before we even came to the conclusion of his IEP. Our advocate’s hard work and dedication to our child’s case is truly appreciated. I personally cannot thank you enough for caring for the needs of my son.

Robb Walters

Call Today to Speak with a Special Education Advocate at K Altman Law

The special education team at K Altman Law assists parents, guardians and students who are not receiving the services they require from an educational institution. We help children with developmental disabilities get the support and accommodations they need to thrive inside and outside the classroom. Call K Altman Law at 888-984-1341 to speak to a special education advocate today.

Our Legal Representation for Schools in Special Education Cases

Schools face numerous complexities when addressing special education matters, making it essential to have the expertise of experienced special education attorneys on their side. Special education team at K Altman Law offers invaluable guidance on compliance with federal and state regulations, ensuring the proper implementation of Individualized Education Programs (IEPs) and Section 504 plans. With a deep understanding of the unique challenges schools encounter, we help mitigate risk and manage disputes, providing representation in due process hearings and fostering collaborative relationships with families. Our commitment to promoting an inclusive and legally sound educational environment benefits all students. By partnering with K Altman Law, schools can access not only our legal acumen but also our dedication to upholding the rights and best interests of every child, ultimately creating a thriving and supportive learning atmosphere that nurtures the success of students with disabilities.
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