Education
Davis & Pledl represents students with and without disabilities at all levels of education from age 3 through college and graduate school.
Special Education
Students who have qualified under the Individuals with Disabilities Education Act (IDEA) can access a menu of special services in public schools. IDEA services can begin as early as age 3 and may continue until age 21. We represent families throughout the special education process. We work with families to resolve a variety of IDEA issues:
• Whether a student is eligible for special education
• What kind of educational services a student receives
• Whether a student needs a less restrictive or more intensive learning environment
• Whether a student needs additional services to support their education
• Whether a student's behavior must be addressed in the special education process rather than the school discipline system
• Whether a district must pay for the student's placement is a private school
• Whether the school is doing enough to transition the student to post-high school life
We address special education issues from the IDEA eligibility process through development of an effective IEP. If there are disagreements that cannot be resolved with the IEP Team, we also represent families in mediations, due process hearings and Federal court actions.
Section 504
K-12 students with disabilities that do not qualify under IDEA may be eligible for services under another Federal law - Section 504 of the Rehabilitation Act. A student with no special learning needs who uses a wheelchair is covered by Section 504. A student with emotional behavioral issues who does not qualify under IDEA may be covered. Section 504 also applies to day care provided at the school as well as private day care centers. We represent families throughout the process to develop Section 504 plans as well as in litigation resulting from the failure to provide appropriate disability accommodations.
School Discipline
Students both with and without disabilities can encounter in-school and out-of-school suspensions, and may even face expulsion. Given the complexity of a school board hearing and the permanent consequences of an expulsion, families should consult a lawyer. Students with disabilities have additional legal rights in the discipline process and we frequently help families identify emotional and psychological disabilities that have not been addressed by the school system.
We are often unable to take on school discipline cases due to time constraints, but are happy to offer referrals.
Harassment, Bullying and Sexual Assault
Students at all levels of education are protected from discrimination by the Federal Title IX statute or other laws. Treating a student or students differently based on their sex, sexual orientation or other characteristics like race is discrimination. This includes transgender students. The most severe form of sex discrimination is sexual assault by another student or by school staff.
When students report harassment, bullying or assaults, the school must investigate, and should also take various steps to minimize harm during the investigation process. We represent victims at all stages of the complaint process and in court litigation when a school fails to respond appropriately.
Contact Us
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