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.

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.

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.