Massachusetts IEP Lawyer & Tewksbury Special Education Attorney
Serving clients in Tewksbury, Lowell, Woburn, Burlington, Middlesex County, and Throughout Massachusetts, New Hampshire, and Maine
As a Tewksbury special education lawyer with nearly two decades of legal experience, I zealously advocate for children and help families navigate the individualized education program (“IEP”) process. If you have a child with special needs, I can tenaciously fight in seeking to ensure they receive the accommodations needed to help them educationally flourish.
Call the Law Office of Paul M. King to schedule a free consultation to learn how we seek special educational accommodations under the Individuals with Disabilities Education Act (“IDEA”). As an experienced special education law firm, we tirelessly work to ensure children receive the extra assistance, instruction, and/or modifications needed to progress in school.
Protect Your Child’s Education – Call 978.851.5145 To Schedule A Free IEP Consultation!
What Is An Individualized Education Program (IEP)?
The acronym IEP stands for Individualized Education Program; however, some individuals refer to it as an Individualized Education Plan. The IDEA requires public primary and secondary institutions to provide special education and services to eligible students. An IEP is a written roadmap that details the special education instruction, support, and assistance needed for a child to make progress and thrive in school.
Conducting an IEP can be highly beneficial, as the process is designed to identify students’ strengths and challenges so their educational experiences can be tailored to meet their individual needs. IEPs are part of public education and are available to children ages three and up who attend public or charter schools.
To be eligible for an IEP, a child must:
- Have one or more of the thirteen conditions listed in the IDEA; and
- Need services to thrive in an educational environment.
What Types of Conditions Are Included in the Individuals With Disability Act (IDEA)?
To be eligible for an IEP, a child’s school experience must be adversely affected by a disability in one or more of the following thirteen categories:
- Specific Learning Disability (e.g., dyslexia, dyscalculia, written expression disorder, etc.)
- Other Health Impairments (i.e., conditions that limit strength, energy, or alertness, such as ADHD)
- Autism Spectrum Disorder (ASD)
- Emotional Disturbance (e.g., anxiety disorder, schizophrenia, bipolar disorder, etc.)
- Speech or Language Impairment
- Visual Impairment
- Deafness
- Hearing Impairment
- Deaf-blindness
- Orthopedic Impairment
- Intellectual Disability
- Traumatic Brain Injury (TBI)
- Multiple Disabilities
As an IEP lawyer, I can assist in determining if your child has a qualifying condition and tenaciously pursue the special education accommodations he or she rightfully deserves.
How Long Does My Child Have to Wait For An IEP?
Massachusetts law has stricter special education deadlines than the Federal IDEA. For example, after a parent provides written consent to an initial evaluation (or re-evaluation), the assessment must be completed within thirty school working days instead of 60 days (as outlined in the IDEA).
If an initial evaluation determines a child is eligible for special education, the next step is to construct an Individualized Education Program. Under Massachusetts law, school districts must develop an IEP within forty-five school working days after receiving consent.
It is critical to note that Massachusetts law uses the term “school days.” This means that only days that a school is in session are counted. If you are concerned that your child’s school is not complying with these special education deadlines, please contact our office to schedule a free case evaluation with an experienced Tewksbury IEP attorney.
What Type of Information Is Included in a Massachusetts IEP?
Under the IDEA, a student’s IEP must include specific statements, including:
- Present functional performance and academic achievement levels
- Measurable annual goals
- A description of how a child will progress toward meeting annual goals
- Special education and related services and supplementary aid and services to be provided to a child
- The extent to which a child will not participate with nondisabled children
- The projected date for the beginning of services and modifications[1]
What Is Compensatory Education?
Compensatory education (also called “comp-ed”) encompasses programs and/or services designed to supplement regular education programs for a child to further their IEP goals. Under the law, if a school district deprives a student of free appropriate public education (“FAPE”), compensatory education is an equitable remedy used to remediate the loss of a FAPE for a period of time.[2] For example, if a child’s IEP requires 30 minutes of speech therapy, and the student does not receive the therapy for three weeks, the child is entitled to 90 extra minutes (30 minutes times three weeks) of speech therapy to make up for the missed time.
If you believe your child is not receiving the appropriate instruction and/or accommodations listed in their IEP, we invite you to call our office to schedule a free consultation. As an experienced Massachusetts special education lawyer, I can listen to the facts of your case, explain your legal option, and tenaciously pursue the compensatory education to which your child is rightfully entitled.
When Should I Hire A Massachusetts Special Education Attorney?
If you have a child in special education and everything is running well, you may never need an IEP lawyer to advocate on your child’s behalf. However, there are certain times when it is prudent to seek the guidance of an experienced special education lawyer, including (but not limited to):
- If an agreement cannot be reached at an IEP meeting
- When a child is falling behind or not making appropriate progress
- When a child is not being provided with IEP approved services or accommodations
- When a school district brings in an attorney
- When you have a special education child but do not understand or have the time to navigate the IEP process
- If a school provides written notice refusing to change an IEP
- If an administrative special education decision needs to be appealed
- If a district fails to comply with an IEP
- If a child is being discriminated against
- If a child is failing
- If a child is being bullied
- If a child suffers an injury
- If you or your child is experiencing retaliation for advocating for special education rights
As a special education law firm, we stand ready to protect your child’s rights and zealously advocate for their best interests. Call today to schedule a free consultation to learn how we can handle IEP cases from start to finish.
How Can An Experienced Massachusetts IEP Attorney Help?
At the Law Offices of Paul M. King, we are poised to handle the most challenging special education matters, including those involving:
- IEP Objective Development
- Transportation
- IEP Services
- Private School Placement
- Exceptional Ability Placement
- Eligibility
- Behavior Support
- Expulsion & Suspension
- Due Process Hearings
- Office for Civil Rights (OCR) Complaints
- Department of Education Complaints
- Section 504 Plans
- Uniform Complaints
- Hospitalization Instructions
- Challenges
- Appeals of Special Education Decisions
- Transition Services
As a dedicated special education attorney, I can provide behind-the-scenes support during the IEP process or be directly involved in your case, handling all matters from start to finish as a direct representative. This can be highly beneficial, as it can help you avoid the frustration and emotional strain that can accompany a challenging special education matter.
Call Today To Schedule A Free Consultation With Experienced Tewksbury IEP Lawyer Paul King!
[1] Sec. 300.320 Definition of individualized education program, IDEA, https://sites.ed.gov/idea/regs/b/d/300.320.