7 Signs It’s Time to Call a Disability Rights Attorney
- Kirk Carlson
- Apr 28
- 3 min read
7 Signs It’s Time to Call a Disability Rights Attorney
Navigating the education system as the parent of a disabled student can sometimes feel like a battle you didn’t sign up for. Most families want to believe that schools will do the right thing — but unfortunately, that doesn’t always happen.
At Covenant of Courage, we empower families to recognize when it's time to bring in extra help. If you’re seeing these warning signs, it may be time to call a disability rights attorney.
1. The School Refuses to Evaluate Your Child for a 504 Plan or IEP
Federal law requires schools to evaluate students suspected of having disabilities. If your child is struggling and you’ve requested an evaluation — but the school delays, denies, or dismisses your request — that’s a serious red flag.
An attorney can help you demand an evaluation and hold the school accountable to the legal timelines set by IDEA and Section 504.
2. Your Child’s 504 Plan or IEP Is Being Ignored
If your child already has a plan in place, the school is legally required to follow it.Failure to implement accommodations — like extra time on tests, therapy services, or assistive technology — violates your child’s rights.
An attorney can help you enforce the plan, request compensatory services, or escalate the case through a complaint or due process hearing.
3. You Feel Pressured to Agree to Services or Placements You Don’t Trust
IEP and 504 meetings should be collaborative — not coercive. If you feel rushed, intimidated, or pressured to sign paperwork you don’t agree with, it’s a clear signal to get legal support.
An attorney will help you review documents, negotiate better options, and protect your right to make informed decisions.
4. Your Child Is Being Disciplined for Disability-Related Behavior
Under Section 504 and IDEA, schools must hold a Manifestation Determination Review (MDR) before suspending or expelling a student with a disability for behavior that may be linked to their disability.
If the school is punishing your child without this step, an attorney can intervene immediately to protect your child from illegal discipline.
5. The School Blames You or Your Child Instead of Offering Support
If meetings feel hostile — with staff blaming your parenting, questioning your child’s needs, or minimizing a diagnosed disability — this is a major warning sign.
An attorney can shift the focus back where it belongs: On the school’s legal obligation to provide support, not judgment.
6. Your Child Is Being Segregated or Excluded
Federal law requires that disabled students be educated in the Least Restrictive Environment (LRE) possible. If your child is being unnecessarily isolated, placed in separate classrooms without justification, or barred from activities and field trips, their rights may be violated.
An attorney can help you challenge placement decisions and fight for inclusion.
7. You Feel Overwhelmed and Don’t Know What to Do Next
Sometimes the clearest sign you need an attorney is simple: you’re exhausted, confused, and unsure how to move forward.
A skilled disability rights attorney will:
Help you understand your options
Handle communication with the school
Build a legal strategy for resolution
Support you through mediation, hearings, or litigation if necessary
You don’t have to figure it out alone. You deserve a strong advocate on your side.
Final Thought: Don’t Wait Until It’s Too Late
The earlier you involve a disability rights attorney, the better your chances of protecting your child’s educational future. Small problems can quickly turn into serious violations if they aren't addressed early.
At Covenant of Courage, we work with trusted legal partners who specialize in fighting for disabled students and their families — because every child deserves to learn, grow, and succeed without barriers.
Need help? If you’re seeing these warning signs, reach out today. Empower yourself. Defend your child. Take courageous action.
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