What can I solve for you?

Whether I’m on the phone advising clients on day-to-day matters or handling complicated litigation in court, I help school districts on an array of issues and in disputes that arise in the ever-evolving, special education environment. I fully understand that my clients face a growing number of post-pandemic dynamics, including remote learning, private placement, compensatory education and other concerns. By closely monitoring this shifting landscape, I craft strategies to meet these challenges.

What's it like to work with me?

Clients say they appreciate my ability to provide a keen intellect, steady hand, warm heart and quick wit in guiding them through the most complex problems. They know that I’m always in their corner and will collaborate closely with them to find solutions together – and have a good time doing it. I truly enjoy talking with clients and helping them resolve their issues so they can do what they do best: attend to the special education needs of their students.

Top Issues in My Practice

“What a privilege it is to support special educators in the critically important and challenging work to which they have dedicated their professional lives. I love what I do!”

Overview

Nationally recognized for her expertise in special education law, Jan Tomsky draws on her seen-it-all experience, deep well of knowledge and steadfast commitment to her clients to advise them on the most difficult circumstances and achieve the best outcomes possible. Jan represents school districts in mediations, due process hearings and litigation in state and federal courts and the Ninth Circuit Court of Appeals. Bringing a rare combination of persuasion and finesse, she advocates for clients in disputes that often involve the most sensitive issues.

Clients turn to Jan for help in defending their decisions on appeal to county boards and in court, primarily because of her history of success and ability to cultivate and maintain relationships with all parties involved in a dispute.

Jan counsels clients on such student-related issues as cyber misconduct, social media, technology and many other matters. In addition, she is certified as a trainer of trainers in Interest-Based Bargaining. Jan has also earned a highly regarded reputation for designing and delivering workshops for individual districts, which are specifically tailored to address their needs.

Frequently invited to present at public speaking engagements by prestigious education organizations throughout the country, Jan uses her gifted and natural presentation skills to captivate, inform and entertain audiences. Her speeches are always very well-received. At one recent conference, for example, audience members provided written feedback for her presentation, which was rated as “Excellent” according to the organization’s metrics. “Jan was amazing. The information she shared was valuable and applicable,” wrote one attendee. Another audience member described her speech as “incredibly done. Great analysis, humor and timing from a great speaker.” And yet another said, “Outstanding presentation with up-to-date case law.”

A strong writer, Jan is the author or co-author of publications that are considered essential to special education professionals. They include Personal Liability for IDEA Violations: Where the Courts Stand; The Administrator’s Guide to Building and Maintaining a Comprehensive Autism Program; and IDEA Due Process Survival Guide: A Step-by-step Companion for Administrators and Attorneys.

Experience Highlights

  • The California Law Review, Production Editor

Recognition

  • Best Brief award in moot court, Recipient

After School

My children are grown and all live close by, and because we’re all best friends, we get together often. I love traveling and reading, particular the works of Stephen King, who I consider the greatest American writer.

Education

  • University of California, Berkeley School of Law (J.D.)
  • Dominican University of San Rafael (M.A., Education with an emphasis in special education and student development)
  • Dominican University of San Rafael (B.A., summa cum laude)

Admissions

Bar Admissions
  • California
Court Admissions
  • U.S. Court of Appeals, Ninth Circuit

Related Services

Related Clients

Publications

  • Author, Personal Liability for IDEA Violations: Where the Courts Stand
  • Contributing author to LRP publication, The Administrator’s Guide to Building and Maintaining a Comprehensive Autism Program
  • Contributing author to LRP publication, IDEA Due Process Survival Guide: A Step-by-step Companion for Administrators and Attorneys

Presentations

  • Association of California School Administrators Every Child Counts Symposium
  • Presents at many of LRP’s annual conferences including the Special Education School Attorneys Conference, the Directors' Summit and the National Institute focusing on legal issues related to educating students with disabilities