IEP doesn't help

[ieplaw]

What is the name of your state (only U.S. law)? MN

I have been out of high school for a few years and I am still struggling with symptoms of ADHD and Asperger's, and these possibly have become more severe over time. Various goals and services were outlined in my IEP, and the goals weren't really met. What should I do?

 

[FlyingRon]

Legally, you don nothing. Your failure to have met IEP goals doesn't mean much once you leave school.

As a practical matter, you go visit a mental health professional and work out a plan for your autism and other issues.

 

[ieplaw]

Okay there's a bit more to the story I should mention. I also believe that the school discriminated against me as an Asian-American, thereby failing to provide me with proper services by assuming I would somehow succeed due to my cultural background. I also want to see if they can be liable for false advertisement by encouraging my family to relocate into the district. Since graduating from school I've dropped out of school a few times and been fired from a few jobs. I feel the school is liable for lost wages, wasted tuition and diagnosed clinical depression.

 

[Zigner]

Okay there's a bit more to the story I should mention. I also believe that the school discriminated against me as an Asian-American, thereby failing to provide me with proper services by assuming I would somehow succeed due to my cultural background. I also want to see if they can be liable for false advertisement by encouraging my family to relocate into the district. Since graduating from school I've dropped out of school a few times and been fired from a few jobs. I feel the school is liable for lost wages, wasted tuition and diagnosed clinical depression.

I'm sorry, but the school is liable for none of these things.

 

[FlyingRon]

I also believe that the school discriminated against me as an Asian-American, thereby failing to provide me with proper services by assuming I would somehow succeed due to my cultural background.

That would be a stretch and how old are you now? Frankly, it's likely to late to put any blame on the school district.

I also want to see if they can be liable for false advertisement by encouraging my family to relocate into the district.

No. Not a chance.

Since graduating from school I've dropped out of school a few times and been fired from a few jobs. I feel the school is liable for lost wages, wasted tuition and diagnosed clinical depression.

Sorry, no. The school is not at fault for your mental problems. All you're guaranteed is a free and appropriate education in the least restrictive environment. Outcome is NOT guaranteed.

Again, even if you had a claim, it sounds like your chance was long past.

 

[ieplaw]

That would be a stretch and how old are you now? Frankly, it's likely to late to put any blame on the school district.

Yeah I'll admit that I waited quite a while to take any legal action, but is there really some legal precedent regarding what the time frame for litigation is? I feel like in this case we needed a few years to see what damage was actually done.

Sorry, no. The school is not at fault for your mental problems. All you're guaranteed is a free and appropriate education in the least restrictive environment. Outcome is NOT guaranteed.

I do sincerely believe that portraying Asian students as a model minority, and particularly the messages my school in particular were sending, led to emotional duress for me, and also may have contributed in some ways my IEP not being met. I remember hearing about some case where a student successfully took legal action again their school for emotional distress due to social pressure, but I can't remember the details atm.

Edit: The school's mission statement is very prominently displayed on their website, newsletters etc. and it claims to prepare students for academic and life success. In this case they obviously failed to do this, so there's a problem here.

 

[CTU]

Yeah I'll admit that I waited quite a while to take any legal action, but is there really some legal precedent regarding what the time frame for litigation is? I feel like in this case we needed a few years to see what damage was actually done.



I do sincerely believe that portraying Asian students as a model minority, and particularly the messages my school in particular were sending, led to emotional duress for me, and also may have contributed in some ways my IEP not being met. I remember hearing about some case where a student successfully took legal action again their school for emotional distress due to social pressure, but I can't remember the details atm.

Edit: The school's mission statement is very prominently displayed on their website, newsletters etc. and it claims to prepare students for academic and life success. In this case they obviously failed to do this, so there's a problem here.

There is no lawsuit here. Move along with your life.

 

[Zigner]

Edit: The school's mission statement is very prominently displayed on their website, newsletters etc. and it claims to prepare students for academic and life success. In this case they obviously failed to do this, so there's a problem here.

They prepare you for it...it's up to you to act on it.