It is hard enough to choose the right school district for your child when you and your ex disagree. It can be even more difficult when your child has special needs.

We previously wrote about the challenges of sharing custody and choosing the right school for your child in our blog, “Now Let’s Fight About School Districts.” By law, a child of school age is entitled to attend the public school where he or she resides. If one parent has primary custody, the choice is simple, as the child will likely attend school in that parent's home district. However, when parents have joint custody and time is divided, there may be a choice between two school districts. If parents live in districts of similar quality, then the decision is more of a toss-up and may turn on other underlying issues. If one parent lives in a superior school district, then the court may mandate that choice, even if that parent has only partial physical custody. When children with special needs are involved, the analysis of the superiority of the school district must delve even deeper.

The Individuals with Disabilities Education Act (IDEA) ensures that children with developmental disabilities get the support that they need in school. It requires schools to develop an individualized education plan (IEP) for special needs students with input from teachers, parents, and a child study team. IEPs are designed to prepare students for further education, employment, and independent living. To that end, an IEP could include such services as behavioral therapy, speech therapy, occupational therapy, and/or physical therapy. While such therapy may be offered during school hours, there are sometimes appointments held outside of school hours and at the location of the therapist or professional. Here, parents must be able to be flexible to ensure that the child receives the necessary services without too much disruption.

For parents of special needs children, a good starting point is to come to an agreement on the disabilities affecting the child and the developmental plan in place and develop a parenting plan to spell out guidance and care to be provided through the school years and into adulthood. It should also be noted that child support agreements should also address the extra expenses that come with a special needs child and how they are paid (or reimbursed).

Finally, with special education, there’s often a need for time-sensitive responses for approvals of interventions and modification of existing programs. While both parents should have a say in major decisions regarding the child’s health, education, and welfare, in a high conflict relationship where parents are often at odds, the selection of the school district for the special needs child should take into consideration not just the quality of the school’s program, but the school district of the parent who is better equipped to navigate the added challenges that are involved in educating a child with special needs and advocate for the child.

Knowing the law and having a top custody lawyer in Pennsylvania on your side can help you develop an early strategy and offensively prepare for potential litigation over school selection. Contact us at Williams Family Law by phone at 215-340-2207 or email info@bucksfamilylawyers.com.