- How much do you charge?
- What is a free initial consultation and case evaluation?
- When are you available?
- What happens after my initial consultation and case evaluation?
- What laws govern special education programs?
- What disabilities are eligible?
- What is FAPE?
- What is LRE?
- What is an IEP?
- What is the statute of limitations?
How much do you charge?
You do NOT pay any attorney’s fees out of your pocket – no initial retainer, and no bill when the case is done. Ever. All of our special education cases are accepted on a contingency basis. To discuss how this is possible, please contact us for a no-obligation, free initial consultation and case evaluation.
What is a free initial consultation and case evaluation?
A free initial consultation and case evaluation is a preliminary meeting of the client and attorney.
After you first contact our office, we will be better able to determine whether we can be of any assistance. We will likely ask you for specific documents for us to be certain. While clients are encouraged to come in for a face-to-face meeting, the initial consultation can be done by telephone as well.
Please contact us to schedule a meeting.
When are you available?
Our office tries to accommodate your schedule and will meet you for a free consultation and case evaluation at your convenience.
What happens after my initial consultation and case evaluation?
After the first meeting, our attorneys will have a better idea of whether your child’s school district failed to provide your child with a FAPE (explained below).
If we believe there is a likelihood that your child was denied a FAPE, we will then contact your school district to obtain all of your child’s records for review. This helps the attorneys determine what services and support your child has been receiving, and what the school district should have done.
We will then discuss your legal options with you and counsel you in making an appropriate decision. If warranted, a due process complaint will be filed with the Office of Administrative Hearings.
Mr. Kim has an established record of successfully representing children with all types of special needs through due process complaints. His expertise has led to obtaining necessary services through mediation and negotiations in most cases.
Our office will represent your child’s interests from beginning to end, pursuing litigation if necessary.
What laws govern special education programs?
Both federal and state laws govern special education programs in California. The Individuals with Disabilities Education Act (IDEA) of 2004 provides your child the right to a Free Appropriate Public Education (FAPE). 20 U.S.C. § 1400 et seq.
The State of California has also created similar state laws. Cal. Edu. Code § 56000 et seq.
What disabilities are eligible?
There are certain “categories” of eligibility – the actual disability or diagnosis may or may not trigger eligibility for special education services or an IEP. But some eligible disabilities may include: mental retardation; learning or physical disabilities; behavioral problems; speech and language, hearing, visual, or mental impairments; brain injury; autism; other serious health or emotional issues; and other identifiable learning disabilities.
What is FAPE?
Under the IDEA, your child is guaranteed a FAPE, which means a “Free Appropriate Public Education”.
“Free” means at no cost to the parents. Your school district is responsible for providing an appropriate public education.
“Appropriate” has been defined by the United States Supreme Court as an educational program and placement that is designed to meet a student’s unique needs. Board of Education v. Rowley, 458 U.S. 176. It must provide the student with some “educational benefit”.
The terms, “educational program”, “unique needs”, “some”, and “educational benefit”, have been subsequently clarified and further defined by the courts. Because of the complexity of these legal terms, it is strongly encouraged that you seek the advice of an experienced special education attorney to determine whether your child’s school district is providing an appropriate IEP. Contact us for a free consultation.
What is LRE?
LRE stands for “Least Restrictive Environment”. It reflects a statutory and policy-based belief that children with disabilities should be educated with non-disabled children to the maximum extent possible.
Each child’s needs are different and whether or not your child was/is placed in the least restrictive environment should be carefully considered with an experienced attorney. Contact us for a free consultation.
What is an IEP?
IEP stands for an “Individualized Education Program”, and it’s just that – an individual educational program designed specifically for your child. Each IEP is designed by an IEP team at an IEP meeting.
There are statutory guidelines which require certain individuals to be a member of your child’s IEP team, as well as how frequently the IEP meetings should be held.
The law requires each IEP to include certain things, including, the child’s present educational level, measurable annual goals, progress reports of the child’s progress towards those goals, necessary services and support, and so on.
Again, because each child’s IEP is very specific to his/her individual needs, it is important to contact an attorney.
What is the statute of limitations?
In California, you may file a due process complaint against your child’s school district for issues within the past two years. Cal. Educ. Code § 56505.
A due process complaint is filed through the Office of Administrative Hearings. It is strongly encouraged that you contact an experienced attorney before filing a complaint. An attorney can help you determine the strength of your case, as well as ensure that statutory deadlines are met.