SPECIAL EDUCATION EXPERTS

Child Safety Standards in Special Education

Schools and other child-oriented agencies in the United States and Canada must define and adhere to a specific professional standard of care for children with disabilities who qualify for special education services as required by state and federal laws, such as the Individuals with Disabilities Education Act (IDEA).

This standard is applicable at every stage of the special education process, from the initial student evaluation to the ongoing programming using an Individualized Education Program (IEP).

A breach of the established standard can render the school liable for negligence lawsuits in the event of injury, discrimination, sexual and physical abuse, or any other form of harm that comes to a child.

Special Education Expert Services

School Liability Expert Group has a qualified special expert witness team well-equipped to assist in various capacities, including:

• Providing expert witness services to plaintiff and defendant attorneys in special education cases, including trial and deposition expert testimony, comprehensive PDF reports, and expert consultations
• Reviewing school programs, including special education services and child custody matters, training staff on compliance with special education standards such as the Individuals with Disabilities Education Act (IDEA), and providing recommendations for improvement to help schools avoid costly litigation
• Offering consultations and conducting school reviews and comparisons during custody matters, thus helping parents find the proper placement for a child

Why Choose School Liability Expert Group?

Our qualified special education expert witness team at School Liability Expert Group offers unparalleled services. Here is what sets us apart.

Qualification of a Child for Special Education

For students to be eligible for special education services, they must be identified for evaluation through “Child Find” activities, referrals, or parental requests in line with the Individuals with Disabilities Education Act (IDEA).

These comprehensive evaluations explore all potential avenues to determine eligibility for special education interventions and also identify areas where safety is a concern. Parents’ consent should be sought for evaluations to occur.

Parents can request an independent education evaluation if they are dissatisfied with the outcome of the initial assessment. A parent can alternatively request a due process hearing, in which case special education experts from the School Liability Expert Group can assist them, along with their attorneys, in navigating the entire process.

What is an Independent Educational Evaluation (IEE)?

When a parent disagrees with the school evaluation’s result, qualified third-party professionals can be consulted to offer an unbiased opinion about a child’s disability and their eligibility for special education interventions.

This process is known as an Independent Education Evaluation, as it is typically performed by experts who are not affiliated with the school.

The special education expert witness team from School Liability Expert Group can collaborate with you and the school to ensure that the student receives the appropriate services and accommodations required by state and federal regulations, such as the Individuals with Disabilities Education Act (IDEA).

IEP Implementation

The standard of care and supervision for students with disabilities is higher than for students without special needs and IEPs. Schools must ensure that the established IEP is consistently implemented by relevant staff to ensure strict supervision and safety of children with disabilities.

Failure to do so can expose students to risks of harm resulting from inadequate supervision, management of behaviors, and/or abuse and harassment by peers and adults. It can also attract costly litigation if the child’s physical or behavioral disability causes injury to themself or other children.

Schools should also consistently update the parents on the child’s progress and consider their input and participation in IEP meetings.