Special Education

Every child is entitled to learn in an educational setting that is appropriate to meet their unique needs. States have developed a continuum of services that provide varying degrees of support, from small classes to integrated settings. School Districts are required to follow both city or township, and state law, and comply with federal law. The IDEA (Individuals with Disabilities and Education Act) provides that all children, ages 3 - 21, are entitled to receive a Free Appropriate Public Education (FAPE) in a setting that is appropriate to meet their needs.  Checchi Law will advocate for your child to receive appropriate services in a non-adversarial manner, whenever possible, to leave you and your family whole with your school. If collaboration is ineffective, then Checchi Law is prepared to represent you through a contested Impartial Hearing. 

A child may be entitled to an inclusive classroom, a specialized program or an out of district placement, depending on their disability and the impact the disability is having in school. Your child may not qualify for an IEP, but instead be eligible for a 504 plan. If you suspect your child has a disability, then it is imperative to be in communication with your school to request an evaluation. If your child has been denied an evaluation, you may be entitled to an independent evaluation at district's expense.  Checchi Law will propose a collaborative approach whenever possible. 

If you believe your child requires a non-public school, or out of district placement, you will likely be required to pay for the school up front to secure a seat. It is important to work collaboratively with your school and school-district. Having an attorney from the beginning can help you to avoid mistakes. If your child's public school has not provided appropriate services, you may be entitled to tuition reimbursement. Litigation is not without its risks. It is critical that you are aware of the law and the risks involved if you are considering seeking reimbursement through litigation.  Checchi Law proposes a non-adversarial approach to advocacy whenever possible. However, tuition reimbursement requires the filing of a due process complaint, and litigation in most cases.