Students with special education needs often find themselves
in the Juvenile & Domestic Relations District Court. Some of those students are afforded the benefit
of a Guardian Ad Litem, which is a
competent attorney appointed to represent the best interest of the minor child
who is the subject of a matter in the JDR Court. GALs are often appointed in
custody/visitation, delinquency and dependency matters. A GAL can be beneficial for making
recommendations to the court on what is the best outcome for the child,
informing the court of the child’s home life, and advancing the child’s
educational rights.
Oftentimes, the educational rights are not advanced because
the parties involved are not familiar with the laws providing for those rights. Students with special education needs are
protected under the Individuals with Disabilities Education Act (IDEA); the
Rehabilitation Act of 1973 § 504; and/or Americans with Disabilities Act of
1990, Title II. Children with special
education needs who are not provided with a GAL are at a great risk of losing their
right to compensation for being denied a free appropriate public education. However, those children who have complex
educational needs could benefit from having a Guardian Ad Litem advocate on their
behalf.
When acting as a GAL, the lawyer
should learn about the child’s educational history, discuss the education goals
with the child and pursue those goals at school meetings and through other
communication with school personnel. It
is particularly important for the GAL to ensure that a child with special
education needs is provided with the appropriate services at the school through
implementation of the Individualized Education Plan or the 504 Plan and
pursuance of the other educational rights under federal law and state law.
If your child is not provided with a GAL and you
believe they need one to advance their educational rights, you can ask the
court to appoint one. You can also hire
counsel to advance your rights as a parent of a minor child to ensure you get
the full benefit of your child’s educational rights.
To learn more about GALs in Virginia, visit: http://www.courts.state.va.us/courtadmin/aoc/cip/programs/gal/home.html.
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