What type of lawyer or child advocate can help me?

Question

Our child has a IEP (individual educational plan) in which the school staff refuses to follow. We've even had a teacher to admit to not following the IEP to myself and the school prinicipal. Therefore, my child was not given the full opportunity to be a successful student academically or emotionally.

That same teacher is yet teaching in the same school and the the principal has been promoted to the board of education. That same teacher also retained my child for the school year.

Previous and present teachers has told me that they personally do not like the necessary modification that the school district's doctor has implemented for my child to have a successful school year.

The teacher this school year told me in the beginning of the 2nd quarter, that her recommendation would be for my child to attend a learning center in the same school district whereas the classroom modifications that the district's doc recommend and the IEP will not be followed and/or allowed.

Please help

Answer 1

Call your local or state group for your child's area of disability.  They would probably be the ones to let you know about the resources.  If you can't seem to find the appropriate group that way, call the local autism society in your area.  They are usually very well run and proactive in these sorts of things.  

I agree with the earlier answers.  Document everything and send it to the special education director.  Certainly request compensatory services (make-up services).  They can not fail your child if his educational plan was not followed.  See what you have to do to sit in during one of the classes.  That may give you some insight, too.

Answer 2

In an ideal world, everyone is objective, unbiased and logical.  However, when you get a group of people together politics and psych dynamics come into play.  And the education sector is very uneven, lots of good people, but even more clueless deadbeats.  

My advice is to ask around your friends/family etc, to see what school districts they like.   Then MOVE THERE.   Your child deserves better, these people aren't centered on your child's interests, and nothing will change that.   Get your child into support groups, peer-groups ( sports, church, martial arts, etc ), and supplement that at home with your own program.  YOU ARE AN EXPERT IN YOUR CHILD.  Provide what (s)he's missing, and move to another district even if it is inconvenient for you.  Or even go private, ISP, or home-school.   Check out http://www.greatschools.net/  and shop for a school, don't just take whatever slop-excuse for an education that's shoved at you.

Do NOT place the future of your child into the hands of a committee.

Answer 3

A couple of possibilities

Go to the website for your state bd of ed and see who is the assistant superintendent of schools in charge of federal; programs.  Most special ed, special accomodation provisions are fed law and school districts depend heavily on fed funding so this person is in best position to "encourage"their cooperation as well as most knowlegable about your specific state's laws.

In some instances if the modifications are "not practical" in the regular school district school a "learning center" may be recommended.   I have a strong bias in favor of the child being in a regular school however sometimes the best interest of the child and the other students is for the child to have more specialized help than the regular school can provide.   I do not know what the classroom modifications are but if it is determined that these modifications would be detrimental to other students it may not be practical to provide them.   In such cases the best interests of the child and of all students could possibly be served by a learning center.   However in general the law does require making modifications.   A special needs advocacy group for your child's specific disability may be useful in educating the educators.   Another possibility could be for the school system to fund tuition in a private school which you and they agree would better serve your child.

The same special needs advocacy group or even your state bar association (lawyers professional organization) can recommend a lawyer with a track  record of winning student's rights and appropriate compensation when thise rights have not been honored.   Some will take such cases on a contingency basis meaning they get paid only if they win aqnd then only a percentage of damages they win.  Another possibility would be to use a top rated attorney through a program like www.prepaidlegal.com/hub/caringhand0   There are times when a strongly worded letter from a lawyer may be all that is needed but other times unfortunately it takes long drawn out court battles.  In such cases it may be better for the child to agree to the learning center temporarily while the battle goes on so that the child is getting some quality challenging education and opportunities for success.

Answer 4

You poor thing ! This is just plain WRONG, but I do believe it, this type of thing happens :(

Contact your school's district special ed. office and let them know that you want to file a formal complaint. If it can't be resolved then it should be taken to due process.

If need be you can sue the individual teacher for noncompliance.  

Don't back down, that's what they're hoping you'll do!!!

Answer 5

Many violations by the school here. First of all, write down everything that has happened. Wriet what the teachers have said, they don't like the help he's suppose to get, etc. Write down they are not following his plan.

Keep a copy of this for yourself. You have to have everythign documented.

THen, send this letter to your district special ed director with another letter requesting 'prior written notice' of their refusal to follow the IEP plan.

By law they HAVE to give you this when they start, stop, change or refuse anything that has to do with special ed. AND they have to have LEGAL reasons for refusing to follow the IEP plan. THere IS no legal reason, so when you ask for this they 'might' start following it becasue they will NOT put ILLEGAL reasons in writing to you in this notice.

The IEP plan  is a FEDERAL document and HAS to be followed no matter what their OPINION is.

Also write that you are requesting 'compensation services' for what they did not do. By law they HAVE to make up what they did not do.

This is normal for schools. Believe me, it is normal.

Also, go to your state dept of education website and search for 'special education formal state complaint'. They should have  a form for you to print and fill out.

THese 2 things are REQUIRED by the special ed law IDEA  for parents to do when schools don't do what they are suppose to.

I don't know if this 'learning center' is a public school. If not, this is not even an option. The teacher is being told to get rid of your child. Don't listen to this c**p. It is YOUR choice on which school your child goes to. THey can NOT make a child go to a different school. Especially if they have an IEP plan.

If you need help please email me  [e-mail]