Today's children with learning disabilities have far more resources at their disposal than the children of fifty years ago. Legislation has created a wide range of laws that protect developmentally challenged and disabled children in the school and public schools are required by law to intervene and offer appropriate education for challenged children. However, in some cases, children with behavioral disorders may not always get the help they need and get dismissed as a "problem" child instead. If you are battling with a school district to get your behaviorally disordered child the special education services they need, here is what a special education attorney may be able to do for you.

Independent Evaluation

In many cases, the school will provide testing to discover whether your child meets the guidelines for a special needs student. However, for behavior disorders such as oppositional defiant disorder that might be more elusive to diagnose, it may be best to obtain an independent psychiatric evaluation.

A special education attorney can arrange for independent evaluation of your child's behavior disorders from an impartial third party and can present the findings to the school board to obtain an IEP (Individualized Education Program) for your child.

Request Due Process Hearing

If there is a conflict between the school and the parent about the child's educational needs, a parent or special education attorney can request a due process hearing. This will allow the attorney to present test findings and ensure a thorough review of the child's case in a court like setting.

The decision of the hearing is a legally binding one, and one that can and will be enforced by state and local education laws, so it is crucial to have an attorney who can help navigate the outcome of such a hearing.

Review of Child's Progress

Even if your child is allowed access to the special education programs they need for their behavioral disorders, an attorney can essentially keep an eye on the changes and ensure that the child is being disciplined, treated and educated fairly.

After a special education program is implemented, it may take some months before the educators and parents can get on the same page regarding education and discipline. An attorney can help continue to iron out the wrinkles until the parents, child and educators are all satisfied with the outcome.

Your child deserves the best education regardless of their behavior disorders – let an experienced attorney (like those at the Law Office of Mark W Voigt) help ensure fairness.