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. As a lawyer for children in Melville, New York, my firm practices in the areas 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 precisely what my role in the case would be and possible outcomes.
Meeting Preparation (Consultative Services):
I will adequately prepare you for your meeting with your District. I will research the law and formulate strategies for obtaining the right special education legal 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 a lawyer for children 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, using my special education legal services, 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. As a lawyer for children, 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 special education 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 costs that are reimbursable under the aforementioned prevailing party provisions.
In all instances, as a lawyer for children, 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 particular 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. You can also use the contact form below.
Dedicated Lawyer for Children in Melville, NY
When your child is facing issues with their school, then the Law Offices of Brad H. Rosken PLLC is here to help. As a lawyer for children in Melville, NY, I take care of everything for your child’s case. My firm specializes in helping special needs children and their families deal with the legal issues they may face.
With my help, your child’s case is taken care of completely. I work to get your family the best possible outcome for the situation and always put your child’s interests first.
Protecting Your Child’s Future
As your child’s advocate, I work with you to help create security for their future. I assist you in setting up special needs trusts to protect your child’s wellbeing going forward. These trusts are protected and irrevocable under the law, giving you peace of mind that your child’s needs are taken care of well into the future. When setting up the trust, you need to appoint either a family member or a trustee to manage the assets of the fund.
Contact my firm when your family is going through legal problems, and you need the help of a skilled lawyer. I proudly serve my clients and their families in Melville, NY and the surrounding areas.
