Claimed Lawyer ProfileQ&A
Serving Texas children and their families in Special Education law matters. We can help with your special education legal issue.
- Education Law
- Civil Rights
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Special Education Lawyer
Jurisdictions Admitted to Practice
- District of Columbia
- District of Columbia Bar
- English: Spoken, Written
- Shields Law Firm
- University of Texas - Austin
- Honors: High Honors
- Georgetown University Law Center
- Council of Parent Attorneys and Advocates (COPAA)
- State Bar of Texas # 24098742
- American Bar Association
- Conflict Mediation
- Universtiy of Texas
Websites & Blogs
- Special Education Law Firm
- Shields Law Firm | Special Education Law
- Transfer Students and Special Education
6 September 2019
- OSEP Letter to Reyes Timely Evaluations
17 August 2019
- Special Education Behavior
8 August 2019
- Lawyers for Student Rights
8 August 2019
- Individualized Education Program
31 July 2019
- Special Education Laws and Autism
2 July 2019
- Commissioner’s Rules Concerning Special Education Services
2 July 2019
- IDEA § 1412 – State Eligibility
2 July 2019
- IDEA § 1415 – Procedural safeguards
2 July 2019
6 Questions Answered
- Q. My son is autistic and in the special needs program at his elementary school. Can I have a say in making modifications
- A: Yes, absolutely. As the parent, you are a member of any group that meets to decide services or placement for your son. The law is clear regarding parent participation in meetings: The parents of a child with a disability must be afforded an opportunity to participate in meetings with respect to - (i) The identification, evaluation, and educational placement of the child; and (ii) The provision of FAPE to the child. 34 CFR 300.501 (b) Your son's IEP team is a good place to start and voice your concerns. If you cannot make progress with the IEP team, using a special education advocate or lawyer may help. No matter how you proceed though, you should have a voice in the process.
- Q. Do the parents of the minor have to be present when the minor makes a verbal /written statement to school & local police
- A: Parents need not be present while school officials are asking questions of a student in most cases. However, if the questioning was by the police or your child was in police custody, constitutional protections may be triggered. You may want to consult a local criminal lawyer about the specific details of your case.
- Q. I got a ticket for possession of alcohol on school grounds but I only had a bottle that smelled like beer
- A: While you were at a school, this is more of a criminal law question and are likely being charged under your state's criminal code. Once your case goes to court, you can present whatever evidence you have during a trial. It may be helpful to contact a local criminal lawyer about your individual facts.
- Q. My 16 year old is having charges pressed on him by the school for unruly. She I obtain a Lawyer when we got to court?
- A: You should obtain a lawyer prior to going to court for any criminal matter. A local criminal lawyer will be able to tell you the strength of school's case and how best to handle. The earlier you contact the lawyer before court, the better. You may also want to reach out to a special education lawyer. A review of the underlying issues that you mention may show that they potentially stem from a disability. Federal law guarantees each eligible child with a disability a number of rights, including positive behavioral interventions and supports. The school is obligated to help and support any eligible child.
- Q. I have a 12 year old who is cognitive impaired who is being treated unfairly by the principal,staff
- A: You need to contact a special education attorney in Detroit. I can not recommend one but you can search online for a number of options. Your child has a right to an appropriate education. It does not sound like the school is living up to that promise. Students with disabilities are protected under federal law and have a number of rights. There is a legal process to enforce those rights but causes of action can be time limited. I would suggest that you start with finding a special education lawyer in your area as soon as possible.
- Q. Do the parents of a minor need be present if minor gives a verbal/written statement to school & local police officers
- A: You should consult an education or criminal lawyer to discuss the specific details of your case. The answer to your question will depend on who did the questioning, how the questioning was conducted, whether the minor was in custody and the minor's mental capacity. The safeguards in place for a minor talking with school officials are very different than for a minor actually in police custody.
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