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Special education Law Blog

Q & A: Special Education Teacher Taunting Student

4/11/2010

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This question was originally posted on www.avvo.com.

Question:
My son is disabled and we have been having a problem with our school system. He has a special ed teacher that has said statements to him like "you will never get your driver's license because you can't read" "you will never get a job because you are too lazy and don't know how to do anything" there has been many other comments. I'm just wondering if I have a case?

My Answer:
I'm not sure what kind of case you are contemplating.  Certainly, this teacher should be reported to the Department of Education in your state.  You can file a complaint yourself, or work with an education attorney.

My main concern is that this person is charged with educating your son.  There is an argument that the school has failed to provide your child with a free and appropriate education (FAPE) if the special education teacher is disparaging your son, calling him lazy, and your child is not able to read.  The remedy for failure to provide FAPE is compensatory education. 
 
Cases like these are complicated.  It is hard for me to give more advice without consulting with you further.  I suggest you speak with a special education attorney in your area.  You can find one at www.copaa.org. 

Until then, I would encourage you to document each one of these comments and make the school aware of these issues in writing.  You can learn more about creating a paper trail here.

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Q & A: Child Find Requirement

3/24/2010

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This question was originally posted on www.avvo.com.

Question:

My son is 5 yrs old and now in Kindergarten. He was just recently diagnosed w/ selective mutism. He struggles at school socially, I addressed this concern with the head start program last year, they continued to pass it off as shyness. He went the ENTIRE year without speaking to the teacher and/or social worker. The head start program is meant for "early intervention" yet no screening took place. I am concerned for other children who may be experiencing this same problem, tax dollars and/or county money is used for this early intervention program yet they are not properly screening and/or detecting issues that are of concern. Please advise, any help is appreciated.

 

My Answer:

The "child find" requirement covers all children, from birth to 21 years old.  Compensatory education may be granted in local educational agencies fail to perform this affirmative duty.  Please be advised, however, that early intervention laws and procedures vary by state, so I suggest you consult with a special education attorney in your state.  You can find one by visiting www.copaa.org.

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Q & A: Student Working Hard But Not Receiving High School Credits

1/23/2010

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This question was originally posted by an individual in Oklahoma on www.avvo.com. 

Here is the unedited text of his question:

If a high school i am attending is clarly messing up my credits in orderfor e to graduate what are my rights?  I have been going to western heights in oklahoma since 2007..and they keep telling me i have thive me the help i need the same credits when i workhard to do what i need to.they keep switching me in and out and wont give me help i deserve

Here is my response:

Have you ever been evaluated for or identified as having a disability?  Do you have an individualized education plan (IEP)?  If so, your school is required by law to provide you with a free and appropriate education (FAPE), through special education and related services.  Special education is not a room or a specific program, but "specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability" and to "prepare them for further education, employment, and independent living." 20 U.S.C. §1401.  If you believe you qualify for special education, but have not been identified, you can request an evaluation.  You also may be entitled to compensatory education if you should have been receiving special education earlier.  Compensatory education is a legal term used to describe future educational services awarded to disabled students for the school district's failure to provide a Free and Appropriate Education (FAPE) in the past.

If you need help advocating for your child's special education rights, contact the Boston area law office of Massachusetts special education lawyer Lillian E. Wong.


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Q & A: Child with blood disorder held back

1/10/2010

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Question:
What is Texas education law regarding missing school due to a disability?  My daughter is an A student but due to her blood disorder she has missed 20 days from school so far this year. Can she be left back due to her disability? (Houston, TX)

My Answer:
Your child may qualify as a student with a disability under the Individuals with Disabilities Education Act (IDEA) if your child's disability adversely affects her educational performance. If this is the case, the school district must provide your child with an Individualized Education Plan (IEP). The IEP will dictate what services your child receives regardless of where she receives them. Instead of missing 20 days of school, your child might be able to be taught (at public expense) while in the hospital or at home recovering. Then, if the school decides to hold your daughter back due to her disability, they are conceding that they failed to provide her with a Free and Appropriate Education (FAPE) as mandated by IDEA and you may be entitled to compensatory services such as summer school or after school tutoring. Whenever you disagree with the school you are entitled to a due process hearing.

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Dedham Teachers Advocate for Students

12/29/2009

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Parents and advocates are often too quick to view teachers as the opposition instead of the child's greatest potential ally.   Teachers in Dedham demonstrated their commitment to educating students when they filed a complaint with the Department of Education against their Superintendent for her failure to implement thirteen childrens' IEPs.

See the complete Boston Globe story here.

The school district has agreed to provide the children with compensatory education.  Compensatory education is a legal term used to describe future educational services awarded to disabled students for the school district's failure to provide a Free and Appropriate Education (FAPE) in the past.

If you need help advocating for your child's special education rights, contact the Boston area law office of Massachusetts special education lawyer Lillian E. Wong.


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It is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.
Brown v. Board of Education, 347 U.S. 483 (1954)

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