• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Sped Law Question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

bros402

Junior Member
What is the name of your state (only U.S. law)? NJ

I'm in NJ. I am 19 years old. I had an IEP K-12 (I was with the County Early Intervention Program for the entire time allowed. I also attended a sped preschool) under Multiply Disabled. Every year after I was mainstreamed (fully mainstreamed for third grade), the school district violated IDEA.

The case managers refused to talk to my mother, because she attempted to advocate for me. They would never log any of these phone conversations (not even a notation unless it was something that wasn't a complaint). The Sped Head would refuse to respond to my parents calls.

The district stopped occupational therapy for my dysgraphia after second grade, because they did not want to pay for an OT to come in just for me once a week.

Every year after 1997, they never performed a triennial.

There were no evaluations performed 1997-2006. The ones in 2006 were partial evaluations and not in all areas of disability (They were the written expression of the Wood**** Johnson and the entirety of the WAIS III)

They gave me the full battery of the Wood**** Johnson in 2008, shortly before I graduated and the entirety of the WAIS III again.

They refused to perform OT evaluations

On my last day of high school, they had one of their sped staff run up to me and tell me to sign a paper, without telling me what it was.

I was 17 at the time. My parents never had to sign this paper or anything like this, they were not even told about it by the case manager until I told them.

The paper basically said they had informed me of my opportunities for everything, which they did not. Their transition goals? Nonexistant. The "goals", under the column "Who will assist" all said STUDENT. They expected me to implement my own "goals" (Which there were none of). No Adaptive PE goals were ever tested. The teacher treated us like idiots and he lied to us daily.

I also had multiple teachers in HS discriminate against me. They would lie and make my life a living hell. One of them even damaged my personal property (But I have no proof of this)

The school nurse was also neglectful when I suffered an epileptic seizure in school and did not call an ambulance and looked at my mother as if she was insane when my mother asked if I should go to the ER. Three days afterwards, I was rushed to the ER due to decrease in functionality (I was vomiting, slurring, and exhibiting symptoms of ataxia and balance loss)
 


GaAtty

Member
GaAtty

Your post was titled "sped question", but what was the question? If it was whether the school can legally do all of those things, the answer is no. However, there are often situations where things happen that should not happen just because people are allowed to get away with it. That is why a copy of written parents' rights are required to be given to parents, so they will know the appeals that they can do. If your question was whether you were required to sign the paper put in front of you, the answer is no. If your question is whether you can do any lawsuit or other action because of all of these things, the answer is maybe. However, there is such a thing as statute of limitations and on most things you are not going to do anything because you have waited too long. You are allowed to attend school until you are 22, and if you have not received a diploma you can still go back and patch up the holes in your education (although a different school would be suggested). Before you take any action you should get a complete copy of your student records.
 

Zigner

Senior Member, Non-Attorney
You have graduated (implied by "...my last day of high school..."). You have no case.

I'm sorry your parents weren't more proactive in protecting your rights.
 

bros402

Junior Member
Sorry :p I forgot to ask the question after typing all of that. Question is: Can I do anything about it, or am I screwed because I have already graduated from HS?
 

GaAtty

Member
GaAtty

Because of new case law, yes, you can do something about some of the more recent things. It would be more difficult to take any action if you actually signed the paper that someone handed you at graduation (you never said whether you signed it or not.)Just so you know, however, the triennial evaluations requirement was changed with the 2004 amendments of IDEA. Also, OT evaluations are not mandatory. However, the reality is that any such case you filed would be so expensive that unless you have a lot of money, it would not make financial sense. Your parent should have gotten an attorney long ago. However, that is water over the dam. Go to college with a reduced load. You may have to start at a community college. You may have to take some remedial courses. Just do it. Visit the department which handles student disability accommodations. Get updated testing if you need it, but make sure you get accommodations from the start. You may also have to take the SAT or ACT for admission. You will probably need updated verification of your disabilities in order to get additional time on standardized tests, but that may make the difference in getting in and not getting in. When you do get in college, make sure that one of the accommodations the college gives you is longer time on testing (at least 1 and 1/2 times what is usually given); and to be able to write any essay tests on a computer. It will also help you to be able to record lectures, because you are going to have a hard time keeping up by note-taking.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top