SCHOOL DISTRICTS CONSULT THEIR  ATTORNEYS. WHY SHOULDN’T YOU? 

School Districts ask their attorneys what is the minimum amount of services the law requires them to provide to special education students. Why shouldn’t you ask your attorney what the maximum amount of services the law requires the School District to provide? Going for your child’s first Individual Education Plan (IEP) and don’t know what to expect? I can give you the answers to those questions and many more, as your attorney, I solve problems.

Special Education Legal Services 

My practice is focused on providing personal service to your family. I offer my clients individualized attention, as well as flexibility. My intention is to allow you to focus on what is important; providing your family with the love and support they need.  My Law Firm is located in Melville, New York, practicing in the area of Education Law, School Law and Disability Law for students also referred to as Special Education Law. This primarily includes advocating for a Free and Appropriate Public Education (FAPE) for children. I represent children and parents exclusively and do not represent any school districts.

I am fully conversant in all areas of education law and disability law for students, including disciplinary hearings, special education issues, residency, testing accommodations, Section 504 of the Rehabilitation Act (Section 504 meetings), Individualized Education Plan (IEP) planning meetings, CPSE/CSE meetings, Impartial Hearings, negotiations with administrators, and hearings to address compliance failures and Americans with Disabilities Act (ADA) accommodations for students with disabilities in school, camp, college and other activities. I can also assist in wills, trusts, special needs trusts and other estate planning services as well as a variety of other legal services.

Initial Consultation: 

I will meet with you either in my office or your home. We will discuss your situation and your child’s needs. I will fully explain the special education process to you. I will outline a strategy for success and will determine specifically what my role in the case would be and possible outcomes.

Meeting Preparation (Consultative Services):

I will fully prepare you for your meeting with your District. I will research the law and formulate strategies for obtaining the right services for your child. I will assist in coordinating all private and District evaluations. Together, we will define the range of goals for your child’s IEP and outline your expectations. I will prepare you to comprehensively present these objectives at your child’s meeting and achieve your goals. In addition, I will be available via telephone or in person during the meeting should you need immediate assistance.

Attend Committee on Special Education Meeting:

If warranted, I will accompany you to your child’s meeting to be an advocate on their behalf. There are many strategic reasons why an attorney should and should not attend these meetings and we will discuss this at our initial consultation.

Negotiation / Settlement Post - CSE Meeting:

Unfortunately, many parents have attended their CPSE/CSE meetings and are not satisfied with the outcome. At this stage, I will fully review the IEP that the District is proposing. I will then define your objectives, research all legal precedents for your position and organize any necessary evaluations. Finally, I will work to negotiate a successful settlement with your District.

Early Resolution Meeting:

Should all attempts to negotiate with the District fail; an Early Resolution Meeting may be held in an effort for all parties to reach an amicable agreement. I will attend this meeting with you and advocate for a successful resolution.

Impartial (Due Process) Hearing: 

Should all diplomatic efforts to resolve the matter fail, I will present your case at the hearing and advocate for your child, including the presentation of all supporting witnesses and other evidence.

Disciplinary Matters:

Should your child be accused of committing an offense or violating a particular policy of the school, he or she, whether classified with a disability or not, has legal rights. I can attempt to negotiate a resolution with the District. If necessary, I will prepare and present his or her case at the Superintendent’s hearing including the presentation of witnesses and other evidence, if applicable.

Litigation and/or Appeals:

Should you be unhappy with the outcome of a hearing, I can prosecute your child’s case to the fullest extent necessary. Whether it is taking an Appeal to a State Review Officer or instituting an appropriate Court action on your child’s behalf in either Federal or State Court.

Fee Schedule:

It is my philosophy that all persons should be entitled to legal services.  For this reason I charge reasonable rates for my services. In some cases, federal law allows parents to receive reimbursement of reasonable attorney's fees after the resolution of litigation should the parent be the prevailing party. There are three different types of billing methods we can use. The method largely depends on the type of legal service provided.  I can charge an hourly rate for work done for you over a period of time. Certain services may call for a flat fee. Lastly, in certain special education circumstances, I may charge a partial contingency fee for fees that are reimbursable under the aforementioned prevailing party provisions. In all instances, I retain accurate records of the time expended on services performed. In addition, you will be billed for expenses concerning the maintenance of your file. Determining which specific fee structure is right for your family takes some time and will be addressed at our initial meeting. The structure depends upon your child’s specific needs and such needs will not be determined until after our initial meeting. If you are in need of special education legal services in Melville, NY, then call my law office to schedule a consultation.

BRAD H. ROSKEN, PLLC

Brad H. Rosken is presently the managing partner in his own firm, the Law Offices of Brad H. Rosken, PLLC.  His firm specializes in representing students with disabilities in their struggle to obtain the proper and necessary services from their local school districts as well as representing injured plaintiffs involved in personal injury actions.  The main goal of representing children with disabilities is to ensure that these children receive a Free and Appropriate Public Education (FAPE) in the most Least Restrictive Environment (LRE) possible.  Mr. Rosken expanded into this area of law shortly after learning his own son was diagnosed with cerebral palsy.  Prior to opening his own firm he worked for several different plaintiff side personal injury law firms in Manhattan.  He has also argued and drafted briefs before the Appellate Divisions of New York State. Before becoming a personal injury attorney he was an Assistant District Attorney in Bronx County.  His last year in the District Attorney’s Office he was assigned to the Narcotics Bureau where he handled narcotics related felonies from their arrest through to trial.  He graduated from Touro Law Center in the spring of 1993.  He is a certified New York State Impartial Hearing Officer and is presently hearing cases in New York City against the Department of Education as well as in Rockland and Westchester Counties.  Mr. Rosken is presently admitted to practice law in all courts in the state of New York as well as in the U.S. District Court for both the Eastern and Southern District of New York.  He is currently a member of the American Association for Justice (formerly known as ATLA), the Suffolk County Bar Association, Trial Lawyers Care, COPAA (Council of Parents Attorneys and Advocates), and is on the Board of Directors of the Custom Education Foundation (CEF).