Lawyer to Sue Schools

What would make a parent search for a lawyer to sue schools? How do parents even know that there are attorneys that focus their practice on education law?

In this post, we ask 3 different parents to answer 4 important questions. Their individual experiences will help you navigate the special education process.

The four questions are:

  1. What drove you to find a school lawyer?
  2. How did you know that there were lawyers that focused their practices on education law issues?
  3. What advice would you give to other Parents that are struggling to get appropriate services for their children?
  4. How is your child doing now?

Here are the answers we received!


MM from Philadelphia, PA:

What drove you to find a school lawyer?

The lack of progress + growth related to my son’s education, he didn’t make any progress in a year. Also the teachers supporting the autistic support classrooms weren’t qualified to work + teach my son.

How did you know that there were lawyers that focused their practices on education law issues?

I did research on my own and asked a few of my legal friends.

What advice would you give to other Parents that are struggling to get appropriate services from their school for their children?

Go seek legal counsel to know and discuss their rights and to never give up on their child.

How is your child doing now?

He just started in his new school today, he was a little nervous but did well overall. I am hoping this year will help him learn and grow both socially and academically.

SP from Suburban Philadelphia:

What drove you to find a school lawyer?

I was telling my “Story” of my child’s struggles and what was happening to us in Public school to a friend one afternoon. She had some experience with her son who had a similar story and suggested I call a lawyer to at least see if I had a case…and we did. [My daughter] also had a tutor we were working with at the time who also suggested I contact a lawyer. She also had experience with the public school system.

How did you know that there were lawyers that focused their practices on education law issues?

My daughter’s tutor we had been working with for a while knew I was battling with some of her teachers in the Public School she was attending. She mentioned early on (before we decided to leave) that we should consider and advocate to help us with her IEP…and if things got worse, a lawyer who specialized in Education Law.

What advice would you give to other Parents that are struggling to get appropriate services from their school for their children?

ALWAYS have an advocate with you from the beginning. It is worth every penny to have them sit in on meetings and help review your child’s IEP.  Document everything…take detailed notes at every meeting (dates, times, who attended, etc). Be careful what you sign. Do not be afraid to ask for what you want and ask questions. If you think something seems off, it most likely is. If you communicate with teachers or administration via email, save them all.  Never go to an IEP Meeting alone and don’t underestimate how important these meetings are.  If I were to do again, I’d also do an observation of the classroom while in session so I get a better understanding of what is happening during the actual school day and the environment my child is in. The more informed a parent is the better. Parents are a child’s best advocate and know their child the best.

How is your child doing now?

My daughter just started middle school and has been in a “specialized school” for 2 1/2 years now. She loves school and couldn’t wait to get back. She is in an appropriate school environment with her peers and is learning and doing well. She has confidence now and strategies to help her learn that she was not getting in the Public School System. She is happy! She still has her struggles and probably always will, but her school is teaching her how to manage them and also be aware of her strengths.

JR from South New Jersey:

1 . What drove you to find a school lawyer: 

My child was being bullied, very badly, but we didn’t know it was happening at first. She was refusing to go to school, her grades were dropping and she lost interest in extracurricular activities. She has autism and has trouble articulating her day to day activities. It wasn’t until a student videotaped the bullying and posted it online that we discovered the depth of the bullying and the cause for our daughters change in personality.

2. How did you know that there were lawyers that focused their practices on education law issues?

It was actually a teacher friend of ours, who had been through an education due process matter, that advised us to find a lawyer.

3. What advice would you give to other Parents that are struggling to get appropriate services for their children?

Do not wait! If you think something is wrong in school, you are likely right. Trust your instincts and demand answers if your child starts acting differently.

4 – How is your child doing now?

It’s like a different world since after Montgomery Law got involved. We are thankful every morning when our daughter rushes to get ready for school and every evening when she gets excited for homework!

Are you a parent that hired an education lawyer and filed for due process against your child’s school? If so, comment your experiences below.