Special Education Law Violations Attorney in PA
If you have a child with a disability and you have heard any of the following excuses from your school district that may violate special education laws, we can help you. All of these common responses by school districts are incorrect.
Your child has good grades but has trouble behaving, making friends, or socializing.
- The school says “Your child doesn’t qualify for special education because her grades are good.”
Your child is getting poor grades and you have requested a special education evaluation by the school district.
- The school says “We will do the evaluation, but if we find that your child has emotional or behavioral needs, we have to put him in the emotional support class. Are you sure that’s what you want?”
- The school says “Your child is doing fine. We don’t have to provide an evaluation.”
You spend hours working with your child on homework each night. You spend hours helping with long-term projects. Your child gets good grades on homework and projects because of your help. You want a special education evaluation or you want different services added to the IEP.
- The school says “Your child doesn’t need any (more or different) special education help; she is getting Cs on her report card.”
Your child has an IEP or 504 plan for a learning disability but comes home from school every day frustrated and miserable. He or she spends hours on homework. You do not see reading or math skills improving.
- The school says “We don’t see any of that frustration at school. He is making wonderful progress.”
- The school says “You just have to learn to accept that he is never going to succeed academically.”
Your child has ADHD and does something impulsive at school, or brings something to school that is against the rules. The school wants to expel him.
- The school says “That behavior is not a manifestation of your child’s ADHD because he can control his behavior at other times.”
Because of your child’s difficulties at school, you have taken her for an evaluation by an outside expert such as a neuropsychologist or certified school psychologist. You bring that evaluation to the school as proof of your child’s needs.
- The school says “We don’t have to consider the results of that evaluation because Dr. Smith doesn’t work for the district.”
Your child qualifies for an IEP. At the IEP meeting, you ask for an accommodation that you believe will help your child.
The school says one of the following:
- “We don’t do that in this school.”
- “His teacher doesn’t have time to do that.”
- “If we did that for your daughter, we would have to do it for everyone.”
- “We can’t allow your child to listen to music while taking a test; that’s against district policy.”
- “We will not offer help to your child unless he asks for it. He has to learn self-advocacy.”
- “We don’t use Wilson Reading. We use Read 295 (or any other program) for our students with reading disabilities.”
Your child has organizational difficulties and sometimes forgets to turn in homework. The school insists on following its policy of deducting 5 points for every day an assignment is late. You ask that an exception be made for your child.
- The school says “We can’t do that because that would violate district policy.”
Your child has behavioral issues. The IEP contains a “behavior plan” which does not contain positive steps to help her behave. It only lists the kinds of punishments she will get when she breaks the rules.
- The school says “We’ve lessened the punishments she gets when she misbehaves. What else do you want us to do?”
Contact a PA Education Law Attorney
Special education programs must be designed to meet the unique needs of your child. There is no such thing as “one size fits all” in special education. We can help your child get the protections and programming he or she needs. Contact Anderson, Converse & Fennick to discuss your child’s rights.