We Represent Students, Not School Districts

The vast majority of education lawyers in Texas represent school districts, which can make it difficult for parents of differently abled students to find an attorney when problems arise at school. Atwood Gameros is one of the few law firms in Texas that represent individuals, not institutions. And while we’re proud to focus our practice on the students who need our help, we’re equally proud of the rapport we’ve established with many of the Texas lawyers who regularly work with school districts, especially those in North Texas. When the opposing lawyer already knows our work ethic and track record, we’re able to build upon that trust from Day One to help shape positive outcomes.  

Your Advocate for Every Stage of Resolution

Texas students with disabilities may be eligible for special education services as early as age 3 — a developmental journey that can continue for 18 more years, through age 21. So whenever a child with special needs is singled out, bullied, restrained, punished inappropriately, or simply not given the guidance to learn and grow to which they are entitled, it’s important to address the problem quickly and constructively.

Sometimes, an initial consultation is enough to give clients the legal advice they need to work with the school on their own. Other times, our presence at Admission, Review, and Dismissal (ARD) meetings can make the difference. But when meetings and mediation don’t resolve the issue, Atwood Gameros has the experience and tenacity to pursue due process all the way to the Fifth Circuit Court of Appeals if necessary. We’re here to help with any or all stages of resolution.

Special Education Law Services

In-Depth Consultations

When a parent calls Atwood Gameros for help, the first order of business is to schedule an initial consultation, often lasting a couple of hours, which we conduct at a reduced flat rate to allow for a thorough, unhurried conversation. Before the consultation, we ask clients to submit the following documents so that we can do our homework:

• Full individual evaluation, as outlined by IDEA

• Recent third-party evaluation (if available)

• Two most recent individual education programs (IEPs)

These documents provide Atwood Gameros with a good starting point to discuss specific concerns and offer legal counsel. What are the immediate concerns? What’s going well? What are the realistic objectives? The answers to these and other questions will help us recommend next steps.

Supporting Parents at ARD Meetings

While some firms limit their special education practice to due process hearings and court appearances, we believe that ARD meetings are a valuable forum for resolving issues efficiently and amicably. When parents have their lawyer present, the dynamic shifts considerably for parents, who now have a knowledgeable ally at their side. Instead of the usual ARD meeting in which the principal may seem to have all the authority, the district will send its own lawyer to field concerns. In this scenario, both lawyers understand the school’s legal responsibilities — and they understand that it’s in everyone’s best interest to solve the problem at this stage.

Resolution Meetings and Mediation

Parents who don’t get the results they’re looking for at the school level may choose to file a request for due process with the Texas Education Agency (TEA). Before a case goes to court, the state of Texas requires a resolution meeting or mediation between the complainant and the school district. Districts are generally motivated to find a solution before it escalates to litigation.

Due Process Hearings

When parents and administrators are unable to work out an acceptable solution during mediation, the TEA appoints a State Office of Administrative Hearings (SOAH) officer to oversee legal proceedings. Due process hearings work just like trials, usually consisting of multiple days of witness testimony and legal arguments. Once the hearing officer issues a decision, either side may choose to appeal to federal court.

Federal District Court and Fifth Circuit Court of Appeals

Families that lose at due process hearings always have the option to appeal to federal court — and even those who prevail are likely find themselves in a lengthy and costly legal battle if the school district appeals the decision. Atwood Gameros recognizes that some situations are worth the fight, and we’re honored to put the firm’s Fifth Circuit experience to work for parents and students who choose to see it through.