Paralegal Services

For families we have been representing as lay advocates whose cases unfortunately go to hearing, having us stay on board to provide paralegal support to their attorneys helps move their cases along much more efficiently. Because we are already familiar with the facts of the case, we can bring the attorney up to speed quickly and help organize the case.

For special education attorneys representing students, we can provide difficult-to-find paralegal support by staff knowledgeble of the special education and 504 processes. We know what to look for in the evidence and how to figure out the story that the evidence tells. We understand special education assessment reports and can identify what types of assessments probably should have been conducted but were excluded. We can make referrals to qualified independent assessors to serve as experts, as well.

Because our paralegal services are provided in support of a student's attorney as he or she advocates for that student, and because this requires us to work directly with students and their families, we have categorized this service as a Parent/Student Service. However, we do not bill families for paralegal services directly. Instead, as a subcontractor to the attorney, all billing for paralegal services are billed to the student's attorney.

This is an important distinction because, under the Individuals with Disabilities Education Act ("IDEA"), students' and parents' attorney's fees and costs can be recoverable upon prevailing in litigation against a public education agency. Because our paralegal services are attorney's costs, they are included among the billing that can be recovered upon prevailing or as a condition of settlement. Lay advocacy fees are not recoverable under the IDEA, though they can be negotiated as a condition of settlement.

For more information about our paralegal services, please email us at info@kps4parents.org.

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