Where do i find an attorney who will take a case against a school who is not taking care of my disabled son?

Question

My 7 year old son has Aspergers and needs a positive behavior plan added to his speech IEP. I have been trying to get it in place for nearly 2 years. The school has fought me, refused and even place blame on me, all the while my son is waiting to get the help he needs. I have had enough!!!! I live in northern Idaho and cannot seem to find an attorney that will help me. I have searched, I mean REALLY searched!! If anyone has a suggestion or knows of someone PLEASE let me know, I would be truely grateful.

Answer 1

What you are experiencing is normal all over the USA.

Go to the best website for special ed laws

www.wrightslaw.com

And this link has different places for help listed in Idaho-

http://www.yellowpagesforkids.com/help/i...

Here is a special ed attorney

Charlene K. Quade, Esq.

Attorney at Law

1501 Tyrell Lane

Boise, ID 83706

[phone]; [phone]; [phone] (fax)

Email: [e-mail]

Web: http://www.charquadelaw.com

Legal Advocacy and Life Planning for persons with disabilities: Special Education, Government Benefits, Substituted Decision Making, and Special Needs Trusts.

It seems to me at this point you don't need a lawyer YET , not unless you have followed the step by step process mandated by special ed law IDEA.

Lawyers will tell you that you need to follow the process and THEN if the school doesn't do right, then you get the lawyer.

Every state has advocates that help parents for free. i think this will be your best bet for now. Call your state dept of education and ask for info on the 'federally funded special education parent advocacy agency'

If you need help email  me  [e-mail]

Answer 2

There should be an advocacy organization(s) included on the copy of the parents rights the school district is suppose to give you at least once a year as well as where to file any due process complaints. Both of these places should be able to help you find local representation. www.wrightslaw.com also has a yellow pages for each state http://www.yellowpagesforkids.com/help/i... that has listed resources.

Answer 3

ok well before you start running off to a lawyer - lets try to problem solve.  Rather than a Positive Behavior Support Plan - he really needs first additional services on his IEP beyond speech.

Typically you would not see a PBS attached to a speech IEP.  So does he qualify for services under the ASD category.  If he does not qualify for educational services that could be the problem.  An outside medical diagnosis does not automatically result in services at school - just as, in many states, a student can get services under the ASD category without an outside medical diagnosis.

What are the behaviors that you are trying to get help to remediate?  There should be goals and objectives to address those behaviors, if they are impeading his ability to make academic progress.

If he is on a Speech IEP that means that the Speech Language Pathologist is the case manager - you need to have a Special Education Teacher involved.

I'm not sure about blame and that gets everyone no where - It sounds to me like each of you are speaking to different issues I really would suggest that you find someone in school that you can sit down and talk to to find out what the steps are for an IEP.  Try a social worker - or even the Speech teacher might be able to help take a deep breath and everyone needs to listen to everyone else.  

Most of us in schools are handcuffed by regulations, rules and things have to happen in specific order - so start there.

Answer 4

MCC stated it all out best and should win best answer.  I am a Teacher.  I currently teach gen ed, but taught in an autism self contained classroom and in and LD setting for quite a few years.  Certainly if the school is breaking the law you are allowed and should go to due process.  Each school district has a set of guidelines they use to determine eligibility.  Often times parents see behaviors at home that we do not see in school, and that may be the case.  However, if the school has reported behaviors you need to see what actions they are taking instead of the behavior plan.  If the behaviors are not enough to impact his education as determined by the team then they cannot provide the service.  I regret to say that parents want everything possible for their child (and rightfully so), but the school only provides services that they find as an area of need during the schoo day.   That is federal law.  I hope you are able to make an appointment with the case manager and clamly sit down and share your concerns and why you feel it is necessary in a school setting.  Ask for the reasons why they yfeel it is not necessary.  Again maybe at home there are issues not a problem at school.  If this is the case you would be required to pay for private services.  Good luck.  I know how hard it is to fight for your child, but I also know the other side of things and it is hard for them too.

Answer 5

Have you pursued everything you can through due process and mediation? Your parent's rights handbook should tell you how to obtain this help. But, you can call the Idaho Department of Public Instruction if your son attends a public school. Explain that you have concerns about your son's present services. You will be referred to someone at the state level who can address your concerns.

It is not a function of speech therapists to provide services regarding behavior plans. I suspect that is the point the school is trying to make.

In my state your son would have to have academic problems due to his behaviors in order to have this added to his IEP. Then speech would then be a related service not a primary service, and the speech therapist would not oversee this part of the IEP.

There are very few qualified special ed attorneys in the US. The financial cost would be exorbitant. This issue could be tied up in court for decades without ever benefiting your child.

Answer 6

I am sorry to hear this and it really dissapoints me that schools everywhere do not access needs to children with special needs. I work in the moreno valley school district in Ca, with special ed, and have had one terrible instance which I could not believe how people get away with some things especially with special ed. You are going to sue the district for not providing the behavior plan, right. I thought that the state would provide an attorney, I do not know of any though sorry.

Answer 7

a positive behavior plan shouel be wriiten in under  strategies and modifications....

have you called the state or county bar association

also look up autism advocacy/support websites