Special Education Law
Compensatory Services
Brain Injury Rights Group, LTD helps families obtain compensatory educational services whose special education services were not provided as mandated in their Individualized Education Program (IEP). If your child was not provided with a service mandated in their IEP, they may be eligible to receive compensatory services.
Due Process Complaints (DPC)
When a parent has a dispute with their school district regarding their child’s education program, Brain Injury Rights Group, LTD helps in every stage of due process, which includes filing due process complaints (DPC) and participating in due process hearings. Due process is complex, and you may want to have an attorney or advocate represent you.
IEP Process
The most important part of your child’s special education plan is their IEP (Individualized Education Plan), which mandates the services your child is to receives. Brain Injury Rights Group, LTD (BIRG) advocates and advises families, to help ensure that their children receive a Free Appropriate Public Education (FAPE). BIRG attorneys can also help families who have been denied IEP eligibility or services.
BIRG understands that IEP meetings can be stressful, confusing, and intimidating for families. Our team can help families with their individual needs.
Independent Educational Evaluations (IEE)
Brain Injury Rights Group, LTD assists families in obtaining Independent Educational Evaluations (IEE), an evaluation with an evaluator outside of the school system.
Individuals with Disabilities Education Act (IDEA)
Brain Injury Rights Group, LTD educates families of their rights and responsibilities under the Individuals with Disabilities Education Act (IDEA).
Negotiate Settlement Agreements
Brain Injury Rights Group, LTD helps parents negotiate settlement agreements, so that students get the best possible outcome.
Provide Referrals
Brain Injury Rights Group, LTD can help provide referrals to the appropriate providers, evaluators, programs and schools that may be appropriate for your child.
Tuition Reimbursement
Brain Injury Rights Group, LTD attorneys have expertise in assisting parents with reimbursement and/or funding for prospective private school tuition, educational programs and other educational fees.
Litigation
State & Federal Class Actions
As a result of the Coronavirus pandemic, BIRG has filed numerous class actions on both the national and state levels defending the rights of special education students across the country.
Featured Class Actions Include:
ReOpen Class Action
DeMask Class Action
NYC Transportation Initiative
Section 504 Plans
Brain Injury Rights Group, LTD attorneys offer representation to families with children who have been discriminated against due to their disability, based on Section 504 of the Rehabilitation Act of 1973.
A 504 Plan or called a Section 504 Plan, provides accommodations based on the child’s disability and resulting weaknesses. Unlike an IEP, which provides services that work toward academic goals, a 504 does not require academic improvement. Some examples of accommodations in 504 plans include: preferential seating, extended time on tests and assignments, reduced homework or classwork, verbal, visual, or technology aids or modified textbooks or audio-video materials.
General Disability Issues
Brain Injury Rights Group, LTD litigates on the behalf of families with general disability issues.
Guardian/Trust
Brain Injury Rights Group, LTD (BIRG) assists parents of special needs children with Guardianship and Special Needs Trusts.
Guardianships
Although guardianship applications can be made at any time in a person’s adult life, applying for guardianship as soon as the child turns 18 will allow parents to continue safeguarding their adult child’s assets and to continue to make critical decisions during adulthood. Both Guardianship and Special Needs Trusts (SNT) are important for protecting individuals with disabilities. Parents of a special needs child who is close to turning 18 should consider applying for guardianship. Parents should also consider setting up a Special Needs Trust sooner if their child with special needs is likely to have long-term medical or support needs.
Special Needs Trust
Brain Injury Rights Group, LTD (BIRG) assists parents of special needs children with Guardianship and Special Needs Trusts. Both Guardianship and Special Needs Trusts (SNT) are important for protecting individuals with disabilities. Parents of a special needs child who is close to turning 18 should consider applying for guardianship. Parents should also consider setting up a Special Needs Trust sooner if their child with special needs is likely to have long-term medical or support needs.
