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My Daughter was labeled Intellectually Disabled...it was a mistake

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scc0013

Junior Member
My daughter was labeled Intellectually Disabled(ID) at her IEP meeting 3 years ago. I called an early meeting to dispute that label to get it removed from her file. It was clear that it was a mistake. The school district verbally apologizes, however it has prevented her from going to a school of our choice. It makes me also wonder if this Psychologist is incorrectly labeling other students causing emotional damage and hinderance from the students excelling. The school districts realizes it was a mistake. My daughter did not even meet the 3 criterias to be labeled ID. Do I have a case to sue the school district?
 


quincy

Senior Member
My daughter was labeled Intellectually Disabled(ID) at her IEP meeting 3 years ago. I called an early meeting to dispute that label to get it removed from her file. It was clear that it was a mistake. The school district verbally apologizes, however it has prevented her from going to a school of our choice. It makes me also wonder if this Psychologist is incorrectly labeling other students causing emotional damage and hinderance from the students excelling. The school districts realizes it was a mistake. My daughter did not even meet the 3 criterias to be labeled ID. Do I have a case to sue the school district?
What is the name of your state, scc0013?

You say your daughter was mislabeled 3 years ago. When did you call your "early meeting" (how soon was this corrected)?
 

justalayman

Senior Member
Was she diagnosed using DSM-IV or DSM-5 criteria? Did you defend the diagnoses using the same criteria? Did you involve your child's personal medical professionals in this and if so, what was their position and if not, why?


What was "so clear" she was not disabled while the doctor diagnosed her as being disabled, especially presuming you gave permission for the examination and testing? If you did not believe there was some issue, why did you allow it to proceed as if there was?
Was an IQ test also used? If so, what was the result of the IQ test?



The school district verbally apologizes, however it has prevented her from going to a school of our choice.
Presuming you did have the diagnosis removed from her records, how is it that the (claimed) incorrect diagnosis is interfering with your choices?


My daughter did not even meet the 3 criterias to be labeled ID.
the 3 criteria:

significant limitations in intellectual functioning: apparently there is an issue somewhere or it would not have gone to the testing phase (which presumably you were aware of and did not object to suggesting you also recognized some issues)

significant limitations in adaptive behavior: again, apparently there was something in your child's life that suggested some issue to you and the school and the doctor.

and onset before the age of 18: is your child over 18? if not, then this criteria does fit


Do I have a case to sue the school district?
Was the doctor that made the diagnosis employed directly by the school? Was there some reason for the school administration to believe the doctor was making incorrect diagnoses?

What are you considering suing the school for? What did they do that was incorrect?
 

scc0013

Junior Member
What is the name of your state, scc0013?

You say your daughter was mislabeled 3 years ago. When did you call your "early meeting" (how soon was this corrected)?

I Live in California.

We had our meeting within approximately 2-3months ago. The label was taken off and I was able to apply for Fremont, The school for the deaf. They finally received the application this week.
 

justalayman

Senior Member
I Live in California.

We had our meeting within approximately 2-3months ago. The label was taken off and I was able to apply for Fremont, The school for the deaf. They finally received the application this week.
so you did nothing for a couple years and you didn't appear to know your child was even tested for the several years she carried this diagnosis? What were you doing that you were not aware of the testing and diagnosis?
 

I'mTheFather

Senior Member
I Live in California.

We had our meeting within approximately 2-3months ago. The label was taken off and I was able to apply for Fremont, The school for the deaf. They finally received the application this week.
At what age was your daughter first evaluated?
Was the ID designation in place for 3 years?
By early meeting, do you mean that you requested her reevaluation earlier than it was originally scheduled?
 

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