Every child deserves the opportunity to succeed in education and in life.

We believe in a child-centered approach to obtaining the educational services that your child needs to help them succeed in school.

With the assistance of a trained attorney, every child can get access to the education they need to help them succeed in school and in life.

We will help you understand whether your child is eligible for special education and related services and if so what educational services have not been provided for your child. We will help you understand the process of obtaining specialized instruction, challenge the denial of services, and/or challenge the amount and type of services your child gets at school. We will ensure that your child’s services are in the right amount, and in the right setting. And we will stay in your corner until the job is done right.

We never take a case unless we believe in it and we will only recommend litigation if there is a good chance that bringing the case will be in the best interest of your child.

Representative cases include:

• obtaining eligibility for specialized instruction,
• developing (or improving) an IEP,
• determining the correct type and location of services, obtaining related services, and, if necessary, obtaining private placement.

Other cases include challenges to school discipline, grade challenges, residency disputes, and more.

William B. Jaffe has been practicing law for over 30 years. He is one of the few special education attorneys in the D.C. area that have actually worked for a school system as a lawyer. Bill spent seven years as a lawyer for the D.C. Public Schools in their Office of General Counsel. Bill knows D.C.P.S. intimately and knows how to get the best results for your child. Bill also worked at the DC Attorney General’s Office, the New York Attorney General’s Office, the Justice Department, and elsewhere. Bill will bring his expertise to bear to ensure that your child receives the services she or he is entitled to.Seasoned Civil Rights litigator for over 30 years, with many wins in federal and state courts.

• Litigated jury trials in federal court, appeals in federal and state appellate courts, and many state court and  administrative matters.
• Worked at DCPS Office of General Counsel for seven years.
• Expert in all areas of IDEA litigation, 504 litigation, disciplinary and residency matters, and all other areas of education law.
• Took over 150 due process complaints to hearing decision, settling many more.
• DCPS insider; Understands the resources and thinking of DCPS and can obtain good outcomes.
•  Lectured on the IDEA and other civil rights statutes. 
• Coauthor of civil rights handbook published by the Bar Association of the City of New York.
• Admitted in District of Columbia (active), New York (active), and Virginia (inactive).
• Past Adjunct Professor, Legal Writing,  Benjamin N. Cardozo School of Law.
• J.D. from Benjamin N. Cardozo School of Law, 1991, received writing award, Legal Writing Teaching Assistant.

What type of data is used to determine eligibility for special education and related services?

 Results of evaluations, whether obtained by the family or by the school system, must be considered by a team of educators and  the child’s parents and outside experts to determine if a child needs special education services and related services. This group decision is what will determine whether special education and related services are to be provided.

What is the process to obtain special education and related services?

At a special education team meeting, known as an eligibility meeting, the team will review all data (evaluations, test scores, classroom performance and other data) and then vote to determine if the child has a need for special education and related services.

Once the team determines that an IEP is required, the team must meet again to develop that IEP and determine what related services are required. The IEP will contain specific academic goals and benchmarks to determine if the goals are being met. The team will have to consider several factors including the student’s present levels of academic performance and achievement, the student’s potential, as well as the academic goals and benchmarks that the student can reach in a year, as well as how those goals will be measured. The IEP will also determine whether and to what extent the student can be educated in the general population or whether the student will need to be pulled out to a self-contained classroom.

How are the services delivered and how is progress monitored?

Any services and accommodations are delivered according to the requirements of the IEP that the school and the parents agreed to. As noted above, the IEP will spell out what services are provided and in what setting and then establish specific measurable goals to ensure that the student can make academic progress. The IEP must be reviewed by the entire IEP team at least once a year and progress reports are due several times a year.

How is the child’s placement decided?

Once the IEP team has decided what services a child needs, a decision must be made about where services will be provided. The range of educational settings in which the child’s IEP may be carried out is called the  placement. Parents have the right to be part of the group that decides the child’s placement and their input must be taken into account.

What are procedural protections and how are they enforced?

Procedural protections protect the rights of the parents. These procedural protections include the right to examine all educational records, to participate in all meetings, the right to receive written notice of all proposed actions (or the decision not to take any action), and the right to obtain an independent educational evaluation (IEE) of the child. Parents can bring a due process complaint if these procedural protections are not provided. The complaint is decided by a hearing officer in a hearing, which is like a mini trial.  The hearing officer’s decision can be appealed in a federal or state court.

What is a due process hearing and why do I need an attorney?

A due process hearing is the mechanism by which parents can ensure that the school provides the proper services, supports and accommodations, as well as the necessary procedural safeguards all along the way.  As noted above, a due process hearing is held before a hearing officer who will take testimony and exhibits and make a decision as to whether the school has provided a free and appropriate education (FAPE) to the student, and if not, what  is due to the student to make up for the failure to provide a FAPE. 

A lawyer trained in the intricacies of the law is essential to safeguard the rights of the parents and ensure that a child receives a FAPE. Your lawyer should be available to you and answer your questions throughout the process and help you prepare for and participate in the due process hearing if necessary. In the end, you owe it to yourself and your child to bring a lawyer to the process who will fight for you.

To contact us, call (202) 290–0454, or email wjaffe@gmail.com.