This question was originally posted on the Concord SPEC PAC Discussion List.
Question:
How do you handle a school district, when you find out that the school attorney is blatantly misrepresenting the law? She has done that very clearly with my son. Attorneys are very expensive, and I am not sure on how to take this further?
Answer:
First, keep your child's needs in mind. It is very easy to get in a war of wills with the school attorney. Before you do that ask yourself - how important is this disagreement to my child's education? If it is important, return the discussion to your child's unique needs and away from the attorney's ego.
Second, inform the attorney that going forward, you will only communicate in writing. If the school attorney is misrepresenting the law make her do it in writing. Many people say things they would never put in writing. Why? Because they know what they are saying is wrong.
Third, combat the attorney's inaccuracies with the truth. Support your position with specific statutes, regulations, and case law. Consider any legal basis for the school's attorney's position, and then discredit it.
Finally, considering contacting a special education attorney. The attorneys at Wong & Boscarine have longstanding relationships with the lawyers and law firms that represent Massachusetts school districts. We have resolved many special education disputes and look forward to helping you.