Special Education Law and Matrimonial Practice

Matrimonial lawyers and family law practitioners are often asked to navigate complex areas of substantive law, such as tax law, trusts and estates, and the law of corporations, for example, in order to properly represent their clients. We submit that an understanding of the Individuals with Disabilities Education Act (IDEA) (20 USC §1400 et seq.) will facilitate the obligation of all lawyers involved in divorce proceedings to reach the result that is in the best interests of the child.

At its core, the IDEA, a federal civil rights law for children with disabilities, recognizes that “improving educational results for children with disabilities is an essential element of our national policy.” In order to ensure that children with disabilities receive an appropriate education, the IDEA mandates that a child with disabilities receive appropriate educational services entirely paid for by the local school district. Put another way, no matter how rich or poor the parents are, once classified by the school district as having special needs, the child receives all of the related services for free.