Question:

I have a Learning Disability, Can I use my school board for not helping me?

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I knew i was always a strange kid since way back. I knew I always had a problem with school, esp. Math and English. My school thought they should put me in a special class when i was in 5th grade. when i got to middle school by this time i knew i was very depressed and well i had ADHD because it was very hard for me to focus on school work and read a book. A teacher thought that they should put me in a special class again, but one of the teachers said i didnt need it.... so I've spent so 3 years in Middle school when i should've spent 2 and then i was behind with my class. I was in high school for 5 years, I was Suicidal and my add got worse. I knew i had a learning disability but my teachers didn't care nor did the school. Till this day I have not received my High school diploma nor a GED.

Question is, Can I sue my school for not helping me get my H.S. Diploma or something, because I'm suffering now because i don't have nothing... and i have a 6 month baby to support.

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4 ANSWERS


  1. Depending on your age you may be able to go back to school and still get your diploma. Contact your local school district and ask about options.  You may also benefit from contacting a lawyer who works in special education law or a special education advocate in your area to talk more in depth about your history and discuss your options. It would be hard to determine whether or not your rights were violated without a detailed review of your records and history. This is where the lawyer or advocate can help you.


  2. First thing is first, the school was not responsible for you having a child so take that out of the picture.

    Secondly, did your parents know about your situation at the time? If they did know and did nothing about it, then I don't think you'll have a solid case to sue.

    The best thing to do would be to consult a lawyer.

  3. You can sue anyone for any reason.  The question is:  Do you have a case?  If you've been out of school for more than two years you've probably already blown the statute of limitations for a civil case.  If not, you can take a shot at it.  Your best bet is to contact a lawyer that advertises "You don't pay unless you win" and gives free initial consultations.  They'll be able to tell you whether you have a case.

  4. If there was a referral and an assessment and the IEP team concluded that you did not qualify, then it's a done deal.  If there was no referral or assessment, or a request for assessment (from your parents), then it's not the school's responsibility.  I believe they would only be in the wrong if your parents requested that you be assessed, the results were conclusive that you qualified for Special Ed, but then you were denied services.

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