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  Maryland Special Education Lawyer    

Many children with academic or discipline problems may actually have an undiagnosed disability. Special education, in its many manifestations, exists to give children with disabilities the specific type of attention and instruction that they require. For all special education provisions, there are legal procedures that must be carefully followed. Federal law mandates that public schools must offer specialized education to meet the specific needs of children with disabilities. Depending on the child, it may also be necessary to place the child in a special school.

If you have a child that you suspect may have a disability, you have the right to have them assessed by your school district free of charge. Please don't be afraid to have your child identified for a suspected disability. Disabilities such as autism and ADHD can be difficult for anyone but a licensed professional to diagnose.

If your child's disability is affecting their education, they may be eligible to receive services under the IDEA (Individuals with Disabilities Education Act) or Section 504 of the Rehabilitation Act of 1973. The IDEA requires public schools to locate and identify children with disabilities who may need specialized education. These children must "have available to them a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs " 20 U.S.C. sec.140(d). Children with disabilities must "to the maximum extent appropriate [be] educated with children who are not disabled " 20 U.S.C.1412(a)(5).

However, a child may not benefit from a regular classroom if they have a disability that cannot have their individualized instruction delivered to them in that setting. There are very specific requirements about eligibility of services, Individualized Educational Program (IEP) components and procedural requirements related to complaints and disputes that must be strictly followed.

Many parents find themselves in a situation where their child is either struggling academically or having discipline problems in school. Often times, there may be an unidentified disability causing these problems. If they do have a disability that is negatively affecting their education, they would likely benefit from specialized education services. Such services may include:

  • Occupational Therapy
  • Speech and Language Therapy
  • Resource Specialist Programs (RSP)
  • Modification of the regular education programs
  • Special Day Classes (SDC)
  • Non-Public Schools (NPS)
  • Residential Treatment, and many more

Depending on your child's individual needs, modifications can be made such as preferential seating in the classroom, use of a computer, allowing extra time for tests, homework modification, books on tape, and more.

Mr. Guzman has a personal interest in special education law. He is the father of a special needs child and knows the frustration of fighting for a special needs child in a system whose highest priorities often revolve around costs rather than the best educational interests of a child. He further is familiar with this area of law from the perspective of an educator. Mr. Guzman was a junior and high school teacher in the Metropolitan Washington area. He further has had experience working with individuals with disabilities in his work as an attorney with the United States Justice Department’s Civil Rights Division where he was part of a division which sought to protect the civil rights of developmentally disabled citizens who had been institutionalized.


GENERAL EDUCATION/DISCIPLINE ISSUES

Mr. Guzman also handles general education issues including suspension and disciplinary actions within the school setting, including issues involving the No Child Left Behind Act.

 

SPECIAL EDUCATION RESOURCES:

 

Wrights Law - www.wrightslaw.com

Special Education Link (The Parent's Place of Maryland's)

IDEA Practices - Educational Development Center

Office of Special Education & Rehabilitative Services

Federal Resource Center for Special Education

The Policymaker Partnership for Implementing IDEA

LINC - Maryland based group - Learning Independence through Computers

Maryland Technology Assistance Program

ABLEDATA - Assistive Technology

Functional Behavioral Assessment

OSEP Technical Assistance Center - Excellent source of information for parents and professionals on functional behavioral assessment and other behavior-related issues, with links to related sites.

 

MD DHMH - Maryland Department of Health and Mental Hygiene.  State site with links to services and resources for families which include children that have health and health-related needs.

 

Disability Information and Resources - Filled with information for individuals with disabilities and their families.

 

Family Village - This is a large, well-designed web site of information and communications opportunities to aid people with all kinds of disabilities, with a special focus on helping those with mental retardation.

 

Inclusion Press Home Page - This is a Canadian web site that explores all aspects of inclusion in education. It is well organized and very informative.

 

School Administrators view of Special Education - This is an interesting site from the Oregon State school system.  It is aimed at school administrators.

 

Laws, Regs, & Government Documents

Maryland State Department of Education - Division of Special Education/Early Intervention

Division of State Documents (COMAR Online)

EDLAW

 

Legal & Advocacy Web Sites

Council of Parent Attorneys and Advocates

Maryland Disability Law Center

PACER Center - Parent Advocacy Coalition for Educational Rights

 

Organization Web Sites (non-specific)

Arc of the United States

Council for Exceptional Children

Developmental Delay Resources - With Link to Sensory Integration/ Occupational therapy

 

Family Net Works - Family Net Works is an outreach project of the Maryland Developmental Disabilities Council

 

Family Voices - Family Voices is a national organization aimed an individuals with special health needs. Information available in both English and Spanish.

Federation for Children with Special Needs

National Information Center for Children and Youth with Disabilities -NICHCY.

Information available in both English and Spanish

National Organization for Rare Disorders

National Parent Network on Disabilities

TASH

 

Organization Web Sites (specific conditions or needs)

Autism Resources - Linking site to other sites with information and resources.

 

Autism Society of America - Society dedicated to helping individuals with Autism and their families.  Links available to local societies.

Chesapeake-Potomac Spina Bifida Association

Children with Attention Deficit Order - CHADD

Down Syndrome Family Empowerment Network - Linking site to other sites focusing on Down Syndrome

Epilepsy Foundation

Family Net Works - Family Net Works is an outreach project of the Maryland Developmental Disabilities Council

Ld Online - Interactive Guide to Learning Disabilities

LD Resources - Learning Disability Resources, Articles, and Site Links

Maryland Coalition of Families for Children's Mental Health

National Federation of the Blind

National Association of the Deaf

National Center for Learning Disabilities

National Down Syndrome Congress

National Down Syndrome Society

National Mental Health Association

Parents of Bipolar Children - Links to Child & Adolescent Bipolar Foundation

Tourette Syndrome Association of Greater Washington

United Cerebral Palsy - Linking site to local United Cerebral Palsy groups

Transition Sites

Association for Persons in Supported Employment

Children's Angel Flight - Organization that works with Angel Flight of Maryland to provide free long-distance medical air transportation for patients requiring specialized medical evaluation and treatment.


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