Some parents, however, do not seem to realize how important it is to share the entire file with their special education attorney at the initial consultation.

In the mind of every special education attorney, every single document is important, no matter how old it might be and no matter how irrelevant a particular document may appear. So, when a special education attorney asks, “Please bring every document that you have in your file,” they really do mean that. Even if you think that a document is irrelevant or “too old,” show it to your attorney anyway. Let your attorney make the decision whether it is relevant or not. You will not waste the attorney’s time by sharing too many documents.

By and large, many of these IEPs, evaluation reports, waiver forms, and correspondences between you and the school are very, very important. In fact, they are among the most important pieces of evidence. Without having had the opportunity to carefully review these documents, it is impossible for any special education attorney to make an educated guess what can be done from here on in.

Thus, if you have a child in the 9th grade who had his first IEP in the 4th grade, I want to see that 4th grade IEP; it is most likely very relevant to your case. If you signed a form waiving reevaluation, I want to see the form; it is most likely very relevant to your case. If you have an evaluation report that was done “ages ago,” I want to see that report; it is most likely very relevant to your case.

Sadly, I’ve had a meeting or two where parents neglected to furnish copies of a medical report, an audiology report, or the first IEP report, because the parents didn’t think it was important. When this happens, it can be particularly frustrating for the parents because they will need to find the documents and then return for another meeting. To save time and money, locate every document that exists, and then organize it either by date or by topic (e.g., IEPs / evaluation reports / progress reports / etc), and bring it to the consultation meeting.

To sum up, if you have any of the following documents (or if you know that the school district has copies of these documents), make a copy and show them to your special education attorney at the initial consultation:

• all of the evaluations (whether done by the school district or privately);
• all of the IEPs;
• any and all forms that you signed (including forms that you signed waiving your right to reevaluation);
• all report cards;
• all progress reports;
• all suspension and disciplinary reports (if any); and
• all written correspondences between the school district to you (including any letters/emails suggesting that your son drop out of school).

By organizing your entire file in a systematic way, your special education attorney will appreciate knowing how well prepared you are and will be able to make an informed decision about how to proceed.

For more information about locating and organizing your child’s file, see Wrightslaw’s Organizing Your Child’s Special Education File: Do It Right!

© 2010, Matthew Stoloff. All rights reserved.

Preparing For Your First Meeting With A Special Education Attorney originally appeared on Matthew Stoloff's Blog on May 24, 2010.

Related posts:

1. Special Education Services in Charter Schools
2. Carter’s Service Dog Case
3. Guest Blogger at Connecticut Special Education Lawyer Blog
4. Are IEPs Necessary for Service Animals?

I read on and learned that Judge Ferguson is a volunteer service dog trainer who wants to see more dogs in the courtroom. Aptly referred to as “courthouse dogs,” these dogs would provide emotional support for jurors, witnesses, and victims, and reduce stress for all those in the courtroom.

Fascinating idea.

I researched this some more. While Jacksonville, Florida does not yet have any emotional support dogs at its courthouses, other jurisdictions do, including Harris County in Texas and King County, Washington. A video of Labradors at King County courthouse in Washington State is shown below:

Debra S. Hart-Cohen, an attorney, wrote in Canines in the Courtroom that there is evidence that the use of emotional support dogs has had a positive effect on everyone in the courtroom. Bloggers and attorneys alike have also been extremely receptive to the use of emotional support dogs in the courts in The Bark and Dancing Dog Blog. (There is even a podcast about this here and there.)

So, what types of dogs are qualified to work in the courthouse, when is it appropriate for the dogs to greet jurors and assist witnesses, and how should the dogs behave in the courtroom? Courthouse Dogs provides answers to these questions at this webpage: Using a Facility Dog in the Courtroom. One of the key points that Courthouse Dogs make is that a courthouse dog is different from a therapy dog. A therapy dog is one that is always leashed and held on to its handler. In contrast, a courthouse dog is not leashed and the handler is not near the dog at any time during the court proceedings. Furthermore, unlike therapy dogs, courthouse dogs are not actively seeking the attention of all those in the courtroom. Rather, courthouse dogs must have the ability to sit or lie down next to jurors or witnesses for extended periods of time and must not do anything to interfere with the questioning of witnesses or court arguments between lawyers.

Although research have suggested that there are therapeutic use of animals, and that humans become more grounded and emotionally stable as a result of their interactions with dogs, the notion of courthouse dogs is quite new. It remains to be seen whether courthouse dogs will be deployed in all courthouses across the country.

Until I read about Judge Ferguson, I’d not heard of courthouse dogs. As of this writing, Wikipedia doesn’t even have an entry for this type of working dog. If you ever see a courthouse dog in New Jersey, please let me know.

© 2009, Matthew Stoloff. All rights reserved.

These Dogs Go to Court for a Living originally appeared on Matthew Stoloff's Blog on November 23, 2009.

No related posts.