Special Education

Securing the right educational services for children with disabilities is both a legal right and a deeply personal journey. The process can be overwhelming for parents who are often advocating for their child in the face of bureaucratic delays, inadequate evaluations, or school district resistance. Similarly, schools must balance their legal responsibilities with limited resources, often under pressure from changing regulations and evolving student needs.

At the heart of this landscape are two major federal laws: the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. These laws guarantee students with disabilities the right to a free appropriate public education (FAPE) and prohibit discrimination based on disability. They also set forth specific procedural safeguards, timelines, and standards for identifying and serving eligible students. But despite their intent, implementation is not always straightforward.

That’s where Scarinci Hollenbeck steps in. Our team of dedicated special education attorneys provides informed, empathetic legal guidance to both families and school districts navigating the complexities of special education law. We understand how emotionally charged these cases can be and work to ensure that every child has access to the services, support, and opportunities they need to thrive—academically, socially, and developmentally.

For parents and guardians, we serve as advocates and advisors, helping them secure services such as Individualized Education Programs (IEPs), functional behavior assessments, and assistive technologies. We stand beside families during IEP meetings, administrative hearings, and court proceedings, always focused on the best interests of the student.

For school districts, we provide proactive legal counsel to help educators and administrators fulfill their obligations while reducing exposure to legal risk. We draft legally sound policies, support district personnel through compliance challenges, and offer representation in due process and litigation matters.

Whether you are a parent who feels unheard or a school official facing a complicated legal issue, our special education lawyers have the experience, knowledge, and resolve to help you move forward with clarity and confidence.

What We Do

Our special education legal services are comprehensive and tailored to the specific needs of each client. Whether you’re a family seeking support for your child or a district working to meet its legal obligations, we offer practical solutions backed by deep legal experience.

IEP and 504 Plan Review and Advocacy

We help families ensure that their child’s IEP or 504 Plan is comprehensive, measurable, and aligned with their individual needs. This includes reviewing evaluations, identifying missing services, negotiating with school teams, and attending meetings to advocate for the child’s rights.

Representation in Due Process Hearings

If disputes arise that cannot be resolved at the school level, we represent clients in IDEA due process hearings, where a neutral hearing officer determines whether a school has provided FAPE. We also represent school districts in these proceedings, defending against claims and ensuring adherence to procedural and substantive legal standards.

Disciplinary Actions and Student Rights

Children with disabilities are entitled to special protections when facing disciplinary actions like suspensions or expulsions. We intervene to ensure the school conducts manifestation determination reviews (MDRs) when required and that students are not unfairly punished for behavior related to their disability.

Dispute Resolution and Mediation

Many special education conflicts can be resolved through mediation or informal resolution sessions. We help families and districts engage in productive conversations that lead to workable solutions, reducing the need for prolonged or adversarial proceedings.

Litigation in State and Federal Courts

When resolution is not possible through negotiation or administrative processes, we pursue or defend special education claims in state or federal court. This may involve denial of services, failure to provide FAPE, retaliation, or systemic violations of IDEA or Section 504.

School District Compliance and Policy Guidance

We assist schools in creating and implementing policies that comply with federal and state special education laws. Our legal team provides training for staff, reviews district procedures, and advises on compliance during audits or investigations.

Transition Planning and Postsecondary Services

As students with disabilities approach adulthood, school districts are required to include transition planning in the IEP. We help families and districts address employment training, independent living skills, and postsecondary education access in accordance with the law.

Private School and Out-of-District Placement Cases

In cases where a public school cannot meet a student’s needs, families may seek private or out-of-district placement. We represent parents in securing tuition reimbursement and state funding when appropriate, and we assist districts in defending their placement decisions when challenged.

Attorneys

Our team includes special education attorneys who have devoted their careers to education law, disability rights, and public policy. We bring years of experience working with school boards, state education departments, and family advocates. Our lawyers understand the educational, developmental, and emotional components of each case—and we tailor our approach accordingly.

Because special education law is constantly evolving through legislation and case law, our attorneys stay ahead of legal trends and policy shifts. This ensures our clients receive counsel that is not only compassionate, but also current and legally sound.