Mary: We have an attorney and an educational consultant. Attorney suggests educational consultant can not be called as expert witness in our case if we do not reach an adequate settlement agreement. Is this correct?
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In principle, I don’t see why not. Check if ed consultant is willing to testify; ask him or her to send you a copy of his or her CV. If the expert is CERTIFIED as an expert in the hearing, s/he is no longer just a fact witness, s/he can also testify as to his or her expert opinion regarding the student’s needs, etc.
Just as you would assert yourself with the district, please do so with the lawyer. Ask, “Please help me understand why etc. etc.”