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Special Education Legal Services

We help children with special needs receive a quality education

The special education attorneys at the Law Offices of Adam Dayan, PLLC, are dedicated to protecting the education rights of children, and helping special needs parents secure an appropriate education for their child. Our lawyers have substantial special education legal expertise and knowledge on the most recent special education legal precedents, and more than 12 years of success in dealing with school districts. Your case will receive our fullest attention.

The Individuals with Disabilities Education Act (IDEA)

The Individuals with Disabilities Education Act (IDEA) is a law that says all children with disabilities are entitled to a free appropriate public education that is individually customized to meet their unique needs and prepare them for further education, employment, and independent living. Prior to IDEA, the Education for All Handicapped Children Act passed in 1975 protected the education rights of children with disabilities. 

What Is FAPE?

The Individuals with Disabilities Education Act (IDEA) guarantees the right to a free and appropriate public education (FAPE) for children with disabilities and learning delays.

Special Education Is A Right

If a child has special education needs that are not being met, we provide parents with sound advice and thoughtful guidance through the entire special education process. Our success is a result of the skill and experience we possess as well as our relationships with colleagues and professionals, and the respect we have earned from school districts and administrators.

"Child Find" Requirement

Under federal law, in order for a state to be eligible for funding from the federal government, it must have in place policies and procedures to ensure that the state meets certain conditions for children with special needs. One of those conditions is that a state has to identify, locate, and evaluate children who are suspected of having disabilities and who may need special education and related services but have not yet been found to be eligible. This child find requirement is an affirmative one: a parent is not required to request an evaluation. It is the school district's responsibility to initiate the process if there is reason to suspect that there is a disability requiring special education or services. The school district must then refer the child to the local committee on special education to better assess the child's specific needs. 

A school district with experienced, trained educators is responsible for noticing obvious signs of a child struggling, even if the child’s parent is not aware of their child’s special needs, and has the knowledge and information to reach out to the appropriate channels. A school district will be liable if there were clear signs of disability and it failed to act. 

Special Needs Parenting

We understand the significant emotional stress and frustrations that parents going through this process may experience and we aim to make the process as smooth as possible for the child and their parents, while delivering the high level of care and attention that each and every client deserves. 

Your child is entitled to get the education services they need. Our job is to help parents advocate on behalf of their special needs child. The special education legal services we provide include:

Early Childhood Planning

  • Early intervention & Individualized Family Services Plans (IFSP’s)

  • Pre-school

  • Private psychological/medical testing and evaluations


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Dealing with School Districts & Advocating for Your Rights

  • Initial special education referrals to local school districts

  • Public testing and evaluation

  • Meetings with the Committee on Special Education (CSE)

  • Meetings with the Preschool Committee on Special Education (CPSE)

  • Individualized Education Programs (IEP’s)

  • Deferrals to the Central Based Support Team (CBST)

  • “Nickerson” letters

  • Extended School Year services

  • Functional Behavior Assessments

  • Behavioral Intervention Plans

  • Manifestation Determination Reviews

  • Individualized Education Service Plans (IESP’s)

  • Independent Educational Evaluations (IEE’s)


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Other Common Issues

  • Section 504 plans

  • High-stakes testing accommodations

  • Immunization waivers

Alternatives to Public School

  • Approved Non-Public Schools (NPS’s)

  • Private special education schools

  • Home-based instruction

  • Residential placements

Due Process Proceedings

  • Impartial hearings

  • “Carter” cases

  • “Connors” cases

Remedies and Relief

  • Implementation of appropriate special education programs and services

  • Tuition reimbursement

  • Related services reimbursement

  • Transportation

  • Compensatory education

  • Pendency


  • Administrative / State Review Officer (SRO)

  • State

  • Federal

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