A TEAM OF SPECIAL EDUCATION ADVOCATES with VALUABLE SCHOOL-SIDE Experience
OHIO: (614) 745-2001
MICH: (248) 487-1645
PENN: (215) 234-1732
Our primary purpose in practicing school law is to help make sure that all students have access to a quality education. We represent students at all levels and abilities, preschool through professional degrees.
All children with disabilities have the right to a free and appropriate public education. Federal and state laws first require school districts to find and identify children with disabilities. Once identified, schools are required to determine if they are eligible for special education services, and, if so, provide appropriate services in the student’s least restrictive environment.
Special education advocacy requires not only legal knowledge at the state and federal level, but an understanding of disabilities, educational theories and practices, and school environments. In addition to our special education attorneys, we offer the services of a special education advocate who can assist private and public school clients in meeting-level advocacy, including initial and re-Evaluation Team Reports, initial and annual Independent Educational Programs (IEPs), 504s, and Independent Educational Evaluations. Additional legal services and representative cases are listed below.
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MEET THE SPECIAL ED TEAM:
Danielle Randolph, Advocate (OH, MI, PA)
Liz Abdnour, Attorney (OH, MI)
Ruth Pack-Adler, Attorney (OH, MO)
Kathleen Mahoney, Attorney (PA)
Josh Sollenberger, Attorney (PA)
Mark Weiker, Attorney (OH. MI, PA)
Megan Mitchell, Attorney (MI, AK)
We can help with:
Special education meetings, mediation and hearings;
Securing extended learning and/or recovery services stemming from the 2020-21 pandemic;
State complaints and due process complaints and hearings;
Initial and Re-evaluation Team Reports (ETR) and Multi-Factored Evaluations (MFE);
Functional Behavior Assessments (FBA) and behavior plans;
Progress reporting;
Representation of individuals with disabilities in juvenile court, particularly those with autism, anxiety and ADHD;
Transition planning for employment, continued education and independent living.
Extended School Year (ESY) services;
Section 504 Plans for accommodations;
Surrogate parent services;
Classroom accommodations for students with disabilities; and
Recent Representative Special Education Cases*
Obtained a comprehensive BIP and secured a dedicated 1:1 aide in the general education classroom for a student with challenges in behavioral regulation and functional communication.
Negotiated changes to a student's IEP that allowed for the student to continue on a reduced day schedule to receive their necessary services.
Secured 9 hours of compensatory education and homebound instruction for a student-client.
Successfully advocated for and implemented no-contact agreements to protect a student facing disability-based harassment, and contributed to a district-wide administrative change implementing parental notification for all bullying and harassment incidents involving their child
Advocated for a high school student with a disability that was up for a disciplinary hearing, whose district had improperly found that the alleged conduct was not a manifestation of their disability.
Arranged grade corrections for a local student whose 504 Plan was not honored and whose teachers had not accepted late work.
Over the course of 8 months, worked with our firm advocate to support an elementary school student and her family, as we attempted to resolve disputes as to the adequacy of the services the student was receiving in her home district. After weeks of negotiations, we settled the matter on behalf of the student, securing the services she is entitled to and looking ahead to her successful future. In the process, the family learned critical advocacy skills and has built a network of professionals who are committed to supporting other students.
Filed and settled a due process complaint for a student who was expelled from school for behavior that was a manifestation of his disability.
8th grade student with a disability was suspended and an expulsion was recommended. District agreed to stipulate that the student’s actions were a manifestation of his disability in the interest of moving forward. We created a plan and worked with the school to get him additional supports. Student finished the year successfully with no further incidents.
Obtained placement change to home instruction for student with severe physical health ailments.
Assisted the child's IEP team develop a comprehensive safety plan to ensure the safety of the child and others around him.
Advocated for a middle schooler to qualify for an IEP to address social-emotional learning challenges that could not be sufficiently addressed with a 504 accommodation plan.
Avoided expulsion through a determination that the behavior in question was a manifestation of the student's disability, even prior to the district suspecting the student was a child with a disability.
Obtained a determination that a student's behavior was a manifestation of his disability after a contentious hearing and building an understanding of the particular rare disability among school personnel.
Advocated for accommodations and considerations for a student with multiple disabilities to participate in extracurricular activities to the greatest extent possible (i.e. added aide support, modified rehearsal requirements, etc.).
After filing a state complaint, obtained a determination that a metropolitan school district inappropriately changed the placement of 10+ special needs students.
Released private school kindergartener from tuition contract following disability discrimination faced at school.
Assisted a MS student in the Manifestation Determination Review (MDR) process and obtained a decision that her actions were a direct result of her disability, avoiding further discipline. We also assisted in creating a safety plan for the student’s safe return to classes.
Advocated for specific phonics-based reading instruction for a student with Dyslexia.
Secured appropriate IEP services and more appropriate least restrictive classroom placement for special needs student needing behavioral supports that the school initially refused to implement.
Secured Section 504 special education services and home instruction for a student with severe mental health difficulties and avoided expulsion through MDR.
Secured ETR and subsequent IEP for student with mental health concerns initially ignored by the school.
Helped remove a suspension for a high school student who was disciplined for behavior that was a direct manifestation of his disability (ADHD).
Obtained tuition refund from private elementary school for failure to provide contracted special needs accommodations.
Advocated for a dedicated social-emotional goal with the support of a mental health professional for a student with poor coping skills and low self-esteem.
Drafted and helped implement a sSchool Safety Plan on behalf of a disabled student who occasionally eloped from school, which included the addition of playground fencing to be constructed by the school.
Sucessfully advocated for an initial evaluation on behalf of a gifted student with a suspected learning disability. The student's academic performance was far below their cognitive ability, but still scored in the average range, which required stong advocacy for the initial evaluation.
Helped a student obtain placement into a specialized education program and avoid expulsion following a mental health incident at school.
Secured placement for special education student in general education classroom with full-time aide.
Filed lawsuit against private school after the school improperly suspended a disabled student and failed to provide due process procedures outlined in the student handbook.
Restored eligibility for a high school basketball player with learning disabilities after his teacher issued an incorrect grade and the athletic director removed the player from his team.
Obtained private settlement for special education student sexually assaulted on high school property by an older student.
Helped a disabled high school golfer receive necessary accommodations for golf practice and matches.
Avoided an expulsion for a student with ADHD where the conduct in question was impulsive and likley a manifestation of the student’s disability; allowed the student to return to school with school-provided counseling support.
After a student had previously not qualified for special education services, we requested an IEE at district expense; Request was granted, we reviewed the IEE results with the school, and the school agreed to initiate a new evaluation.
Obtained a determination that a student's behavior was a manifestation of his disability while the student was undergoing initial evaluations for special education services, avoiding expulsion of the student.
Assisted a client in preparing for a Manifestation Determination Review for a student who attempted suicide and helped find supportive services for student.
Avoided recommended expulsion for a student with a 504 plan and secured implementation of 504 plan accommodations.
Reduced the extent of discipline for a student with severe mental health difficulties initially expelled for offensive behavior at school.
Appealed and removed several inappropriate suspensions of first grade student undergoing special education evaluations.
Avoided expulsion for student through the adoption of an abeyance agreement after advocating that the behavior was a manifestation of the student’s disability.
Successfully assisted clients through the mediation process with the Department of Education after the school failed to provide special education services to the student.
Secured 25 hours of extended school year (ESY) services for a high school student with supports provided in the community, focused on IEP goals and post high school transition-related skills.
Advocated and secured contingency plans written into the student's IEP to support the student when hospitalized for treatment.
Helped transition plan for a preschooler with special needs heading into kindergarten by identifying the appropriate placement and supports.
Advocated for extended school year services (ESY) to include Orton Gillingham instruction with a certified instructor.
Secured 1200 minutes of compensatory education services for a student based on the school’s delay in starting the evaluation process after a parent request was made.
Resolved a due process complaint, without going through a hearing, with agreement by the school and family to adjust graduation requirements.
Prevailed in a due process hearing to overturn a district's manifestation of disability determination and overturned the expulsion based on the faulty decision.
Reached settlement with public school after a client with a mental health-related disability was disciplined, which resulted in securing immediate evaluations, re-conducting the student's manifestation determination review (MDR) hearing and amending the student’s IEP and discipline record.
Negotiated agreement for a school to pay for aide services, transportation, and ESY, as well as for reimbursement to parents for prior expenses and attorney fees.
Negotiated monetary settlement for student who was inappropriately restrained by school employees more than once over the course of a full school year.
Reduced financial responsibility and obligations for private school tuition for student who withdrew after the contract had already been executed.
Successfully completed probate court minor settlement approval process for minor client to receive proceeds of a negotiated settlement.
Secured accommodations of daily check-ins and access to an identified support person for student with social-emotional needs.
Provided resources for transition planning to special education student entering high school.
Avoided expulsion for a HS student in possession of a vape pen at school through a manifestation determination review (MDR) hearing, with a finding that the school failured to properly implement the student's IEP and BIP prior to the disciplinary incident.
Secured a Functional Behavior Assessment (FBA) for student who had received a series of in-school suspensions following difficulties with emotional and behavior regulation.
Successfully advocated in a suspension appeal for a lessor code of conduct violation following a school’s documented overreach in their initial charge.
Successfully represented a k12 student with a disability in an emergency removal hearing; no disciplinary action was taken and the student returned to school with helpful and needed support from school administrators.
Advocated on behalf of a student with a disability who had been suspended for 49 days without a Manifestation Determination Review or disciplinary hearing.
Avoided expulsion through determination that the student's behavior was a manifestation of his emotional impairment after he posted an inappropriate photo on Facebook.
Successfully advocated to maintain special education services for a high school student.
Assisted a college student with ADHD and Autism Spectrum Disorder, who sought to transfer from a community college to a 4-year university, to advocate for and successfully receive supports from the college's office of disability services.
Assisted a local university medical student with drafting a statement for a dismissal hearing and filing an OIE complaint for ADA violations and failure to honor academic accommodations.
Ensured specific and measureable IEP goals were in place to accurately measure student progress.
Helped a client receive a favorable state complaint outcome which resulted in 16 corrective action items for the school district.
Successfully argued for retention of a disabled student who was facing permanent expulsion due to behaviors that arose because of bullying by other students based on the student's disability.
Together with our special education advocate, acheived greatly enhanced interventions for our client, a 7-year-old child with suspected autism. Had a collaborative and productive IEP meeting as well.
Was able to obtain district reimbursement for my client to purchase curriculum while the student was receiving home instruction.
Was able to secure 8 hours of compensatory education through a state complaint (in Michigan).
Overcame a motion to dismiss ADA and PWDCRA claims against the State of Michigan, City of Detroit, and other local governmental entities that inappropriately denied access to their buildings and programs to several individuals with disabilities.
Drafted a state complaint for a special education student who struggles with toileting, and whose school district has been sending him home in saturated diapers every day.
Successfully negotiated a resolution to a due process hearing that was scheduled before an ALJ with regard to a disciplinary matter for a special ed student. Negotiated terms that took a client from permanent expulsion to a suspension through the end of this semester.
Advocated for student placed in ED classroom to be pushed into the general education classroom full-time while only being pulled to the ED classroom for behavior management services and breaks as needed.
Assisted special education school in drafting an official policy regarding the Procedure for Dealing with a Student in Mental Health Crisis.
Assisted a client in moving from MI to OH, including connecting them with the receiving district, helping find possible outside placements, assisting with the Autism scholarship, and ensuring the special education documents were updated appropriately.
Secured agreement to mediate alleged special education violations following expulsion of middle school student.
Successfully secured district transportation for a student on the autism scholarship to an outside placement.
With the help of Danielle (our advocate), we successfully advocated for a student previously serviced by a 504 plan to be evaluated for additional services. The student now has a robust IEP with goals to address his executive functioning needs, develop his social skills, encourage and incentivize appropriate behavior, and provide the academic support he needs to be successful.
Filed an OCR complaint for a university student who was denied disability accommodations on their clinical exams.
Successfully mediated a resolution to a state complaint on behalf of parents of a child with toileting needs that were not being correctly addressed by the district, reaching a resolution that included all of the proposed elements the clients sought in filing the complaint.
Negotiated a resolution on behalf of a HS student who had been unjustly disciplined and deprived of appropriate special ed. services, which included reimbursement of attorney fees, enrollment and transportation to an alternative program, as well as the removal of disciplinary file and unexcused absences.
Successfully negotiated changes to IEP for autistic student needing additional supports.
Successfully obtained a comprehensive safety plan for a student experiencing harassment due to her disability, including measures to minimize or eliminate contact with the students who previously harassed her, assurance that she is never alone with administrators, and the ability to directly report any disability-related complaints to the superintendent
Recent Representative Litigation: HERE
*The results shown are not necessarily indicative of the results that could be expected in any other matter, as the circumstances of each case are unique and involve multiple factors to consider along with possible outcomes.
DO YOU SUSPECT THAT YOU HAVE A CHILD WITH A DISABILITY? CLICK HERE.
DO I NEED AN ADVOCATE OR AN ATTORNEY? CLICK HERE.
ARE YOU A COLLEGE STUDENT WITH A DISABILITY? CLICK HERE.
Article: Parents Seek Advocates as Schools See Uptick in Individualized Education Plans (Cols Dispatch, 2023)
Video: Parents of Special Education Students Battling Regression During Pandemic (ABC6 Columbus, 2020)
To schedule a case analysis, CLICK TO CALL
MONTHLY SPECIAL EDUCATION LEGAL CLINIC: AW Law attorneys and advocates volunteer for the free Special Education Legal Clinic, held 1x per month on the third Mondays, in collaboration with Disability Rights Ohio and the Ohio Coalition for the Education of Children with Disabilities. Workshop recordings are available below. For more info or to register for any workshop, click HERE.
Also, check out the following resources for parents and guardians:
RESOURCES PAGE: Special Education Resources for Parents and Guardians
RESEARCH PORTAL: Special Education Research Portal for Parents and Guardians