Why Parents of Children with Special Needs Should Know About Property Tax Attorneys

Being a parent or legal guardian of a child with special needs comes with challenges that extend well beyond the classroom. One of the most significant of these can be ensuring that your local school district is fulfilling their legal obligations to meet the educational needs of your child. Although the laws governing special education vary from state to state, provisions in the federal Individuals with Disabilities in Education Act (IDEA) almost universally require public school districts to provide every child with special needs a free and appropriate public education. This is not simply an abstract duty, but requires school districts to provide children with individualized educational programs and to make accommodations and modifications in response to specific learning needs.

While parents or legal guardians may think of the services their child receives at school, it is important to also keep in mind that special educational needs can extend beyond the classroom with laws requiring appropriate occupation therapy and speech therapy services to be provided as well. These services are expensive, and though they may be recognized as essential educational services under federal law, they are often provided at school districts’ discretion and in varying degrees depending upon the child. This means that it is essential for parents to be familiar with their legal rights so they can be knowledgeable and empowered advocates for their child’s needs.

In addition to having a general understanding of your child’s rights under the law, one of the most important steps to ensuring your child receives the services needed is closely monitoring all aspects of your school district’s special education department. Special education service providers are required to monitor and update your child’s individualized educational plan on a regular basis. However, parents must actively participate in this process and be vigilant in making sure that updates are properly made.

If your child is struggling at school, or if you are concerned that their needs are not being met in their current school or education program, it is essential to consult special education resources such as your state’s department of education or advocacy protection and advocacy agency. These local special education resources can usually help provide guidance as to the legal obligations school districts have towards special education, and the proper procedures to use when trying to obtain services on your child’s behalf. They can also provide assistance in contacting and working with attorneys who specialize in disability rights and special education, who can help you prepare any legal filings that may be necessary, and if needed, can represent you in proceedings related to your child’s education.

While there are often a number of local special education resources available to parents or legal guardians of special needs children, it may also come as a surprise to some that many issues relating to special education and disability protections have a substantial financial component. For instance, special education services are often funded through state and local taxes that make up a sizable part of school district’s budgets. School districts must be given sufficient funding to fully comply with the various requirements they have towards children in need of special education services, as well numerous other obligations that they owe under the law.

Generally, this means that local and state tax policies can have enormous impacts on special education quality and availability, as well as your child’s ability to receive a free and appropriate public education. These concerns become even more pronounced during lean economic times, when school budgets are tightened and funding for special education purposes is decreased. When this occurs, there may be not enough resources available to meet the educational needs of every child. In such cases, schools may try to make up for these shortfall by denying services to students who require additional help with their education.

It is therefore important for parents to be aware of the impact that taxes have on special education services, and to explore if there are ways in which school boards may attempt reduce funding for special education purposes. Although there are many law firms specializing in property tax, the needs of special education advocacy for children with disabilities may be particularly well suited to smaller litigation practices that can provide a high level of personal attention.

Lawyers with small firm tax practices who also specialize in business litigation may be able to bring about, and assist with, analyses of your school districts tax burden. Most importantly, they can cast a critical eye towards whether there are potential alternatives available for funding special education that may not be fully accounted for in a school district’s budget analysis. For example, if your child receives services through their local school district, it is well worth the time to explore if your child qualifies for and can receive reimbursement for same through your private health insurance provider, or through other programs that assist with covering medical care costs.

In particular, many states have adoption assistance programs that can reimburse some families with special needs children for the cost of educational services. However, such programs may require families to have attorneys who can help them with the necessary paperwork and applications, as well as represent them in any appeals if necessary. Alternately, there are some states that allow for health insurance plans to reimburse for special education services provided to children with disabilities. A knowledgeable attorney can help you understand your rights and options, and can determine if filing a property tax appeal would be appropriate in order to maximize the financial assistance your child receives.

While it is true that you may not see the connection between property taxes and special education, the two issues are inexorably linked. There are many areas in which property taxes can be analyzed for critical funding shortfalls, or where there may be substantial problems that need to be addressed. Once a shortfall is identified, there may be other state fund sources that can be used to supplement funding, or ways to raise local taxes to cover the shortfall.

The beauty of a property tax attorney with dates of practice that include a focus on disability law and education advocacy is that such an attorney may be able to capitalize on the unique, or neglected, legal issues to best address the specific needs of special needs children. Given the physical and emotional toll that goes into helping children with special needs, it is also essential to remain mindful of the substantial financial burden parents face in order to advocate for their child’s educational and medical needs.

During challenging times, as when children are first diagnosed with a special need or disability, many parents find themselves simply overwhelmed by the sheer volume of resources needed to help their child. For these families, having a qualified property tax lawyer can help them analyze how both local and state funds can be used to assist families with a special needs child, and allow parents to explore other financial resources that may be available to them. For children with more severe disabilities, parents may also benefit from consulting an estate planner to help them set up a trust or arrangement that will allow their child to receive care, even after their parents are gone.