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Frequently Asked Questions

Do you need an attorney?

The IDEA was written with the goal of ensuring that the educational rights of children with disabilities are protected. Unfortunately, as is the case with many aspects of the legal system, it is very difficult to parse through the requirements in order to successfully litigate a case. Parents are often led down the wrong path and oftentimes given completely incorrect information by the school district. Hiring an attorney can help to make sure you are taking the right steps to achieve your goals.

How much will this cost?

Every law firm charges their own rates and has their own system to determine what that initial retainer fee will cost. At Gutman Vasiliou, the cost for your case will depend on the number of school years at issue, the relief you are seeking, and the complexity of the issues involved. For some families, we are able to offer reduced retainer fees based on a sliding scale of income.

How long will this process take?

That depends on what your goals are. If you are seeking to obtain new evaluations, that is often a quicker case than if you are attempting to get placement in a private school. However, on average, our cases tend to take anywhere from 4-8 months from the date of the filing of the due process complaint to the date we receive a decision. Our firm's goal is to litigate cases as aggressively as possible in order to obtain the relief requested without delay.

Will you have to go to hearing or can cases settle?

While cases can absolutely be resolved without a hearing, settlement negotiations often take significantly longer than the standard hearing timeline. It can take months (sometimes over a year) before a settlement is reached, and months more until all the terms of the settlement are enforced. Our firm's approach is to immediately prepare for hearing be ready to litigate a case. In the event the school district makes an offer for settlement, we will advise you on the pros and cons of the terms and it is ultimately your decision if you choose to accept. However, if your primary goal is to obtain a settlement and avoid litigation, you may be better suited by another law firm.

Why are we not accepting new clients?

Since a typical case can take nearly a year, we can only accept so many cases at a time in order to ensure we always have the time necessary to represent our clients. Ensuring the best possible experience for each individual client is our highest priority.  Additionally, we know when you hire us that you expect the best. At Gutman Vasiliou, the partners review each case individually. Each step in the process is either directly performed by a partner or reviewed and supervised each step of the way. 

What do we need from you to consider taking your case?

In order to determine the strength of a case, we need to first understand the student and what placement and services the District is offering. To do that, we have to look at the IEPs developed within the past three years (or more) as well as any evaluations that have been conducted at least within the past three years. If you do not have access to these documents, you can request it from your child's school. If you have any other documents you believe may be important, we are happy to review them as well.

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