Why you should consider hiring a manifestation determination attorney – if you can
A manifestation determination is a serious matter, and a lot is at stake for your child.
So if you can find and afford a properly qualified attorney to represent you, I would strongly encourage you to do so. Unfortunately, that can be easier said than done.
Some parents simply cannot afford an attorney. Others parents can’t find an attorney who is familiar with manifestation determinations. In the end, many parents go through the manifestation determination alone.
But you don’t have to be one of them. This article discusses the issues involved in the decision to hire a manifestation determination attorney or advocate. I’ll discuss the main obstacles to getting help and the options for overcoming them. And I’ll tell you where you can find a manifestation determination attorney or advocate to help you.
Where to find an attorney familiar with manifestation determinations
Finding a manifestation determination attorney or advocate is the easiest problem to solve, so let’s deal with that first and get it out of the way.
A manifestation determination is a special education procedure, so you’re looking for an attorney who practices special education law.
Lawyers who practice special education law are few and far between. And most of them work for the schools, not parents. You are searching for a needle in a haystack. Looking in the phone book or in general attorney directories can be an exercise in frustration.
Fortunately, there are special directories out there specifically for special education attorneys who represent families in special education matters. Several good ones are listed below. These are nationwide directories organized by state. Go to the directory, then look up the listings for your state.
Yellowpagesforkids.com Directory
Council of Parent Attorneys and Advocates (COPAA) Directory
What if you can’t afford an attorney
If you don’t think you can afford a manifestation determination attorney, you should still look into hiring one and at least explore your options.
Some attorneys offer a sliding scale fee structure, where the fees are based on your ability to pay. Some attorneys may be willing to work out a payment plan with you. And some may even be willing to take cases pro bono (free) when unusually compelling circumstances are present. You’ll never know if you don’t ask.
There may also be free legal help available for special education matters in your area from nonprofit agencies. Try contacting your local Protection and Advocacy agency or Legal Aid provider.
Non-attorney special education advocates
If you can’t find or afford an attorney to represent you, a non-attorney special education advocate is another option worth considering. They generally charge less than attorneys, and some even work for free.
But you’ll have to be scrutinizing. Anyone can call themselves an “advocate”. That doesn’t necessarily mean they have the training, skills, expertise or professionalism to do the job well. If you are considering an advocate you’ll need to ask them about their qualifications and experience, and judge for yourself whether you think they can really help you.
Some advocates are very good, and can be a big help. But there are also some bad ones out there, and a bad one can actually make things worse. Again, be scrutinizing.
Your can find listings of non-attorney advocates in the same directories listed above.
You have the right to be represented
You do have a legal right for your child to be represented by an attorney or non-attorney special education advocate at the manifestation determination meeting if you so choose.
However, it is up to you to find one, and it is up to you to pay for their services. This is NOT like the criminal justice system where one will be provided for you if you can’t afford one.
Also, if you are going to be represented, be sure to let the school know that ahead of time. This is not something you want to surprise the school with when you walk into the meeting. In many districts, if the parent is going to be represented, the school will want their attorney present as well, and this can require rescheduling the meeting to accommodate their attorney’s schedule.
Regardless, you are still a key figure in this process
If you do find someone to represent you, don’t think that means they will just handle everything for you. There are still critical functions that only you can perform. The person representing you will need important information from you, including very detailed information about your child and their disabilities. You need to provide that information to them.
You will still need to go to the meeting, and you will still need to actively participate in the discussion. Don’t expect your representative to do all the talking for you. The manifestation determination meeting is about your child, and nobody knows your child as well as you do. That makes you the resident expert in that room. So your input continues to be critically important even if you have representation.
Conclusion
It is highly recommended that you have representation by a manifestation determination attorney or advocate if possible. Having said that, may parents do it without representation. And sometimes they win.
So get help if you can. But if you can’t, don’t give up hope. You can still be an effective advocate for your child. Remember, the manifestation determination meeting is not run like a legal proceeding. There are no sworn witnesses or rules of evidence. It’s much more like an IEP meeting. It’s a group discussion, a conversation. That’s all. You can do this – on your own if you have to.
If you found this article helpful, you might also want to read How To Win A Manifestation Determination Hearing.
To better understand your role in the manifestation determination process, check out What Is A Manifestation Determination?
Or return to the Home page.