Education Legal Questions

A private school is required to follow IDEA only if it receives federal funding (of any type). Regardless of the receipt of federal funds, a private school must follow the provisions of the Americans with Disabilities Act (with very limited exceptions). If the school is attempting to avoid violation of section 504 of the Civil Rights Act of 1973, then it can provide accommodations calling the plan whatever it wants. It is more important to focus on what is provided, not what the plan is called. Harold Gold www.texasspecialedlaw.com  ... Read More

The school is not responsible for your child from door to door unless it is providing transportation, and then only to a limited extent. The scope of the school's jurisdiction extends beyond the brick and mortar of the school, however. Further, if your child is being bullied by other children who attend the same school, you should send written notice to the school. Perform an Internet search for the phrase "Gebser Letter." Adapt it to your particular facts and mail it to the principal of the school and the superintendent. Keep a copy for your records. Harold Gold www.texasspecialedlaw.com  ... Read More

You need to ask for IEP meeting, and get all of the professionals together at one time to discuss your concerns.  Ask for the Learning Disabled Teacher Coordinator to be present, as well as the school psychologist or social worker.  If the school is not following the IEP, they may be liable and have to provide your child with compensatory education.  You should be prepared to point out what they school district is not following in the IEP.  Good Luck. ... Read More

The school might be able to hold your transcript for non-payment.  A private school is not under the same regulations as public school.  If the tuition was not paid, the school does not have to provide graduation information or a transcript, like a private college.  If you do not pay college tuition, you do not get a diploma and cannot get a transcript of your grades.   Maybe you can work out a payment plan. ... Read More

Parochial schools are private schools.  They do not have to follow the same requirements as public schools.  If your child is having difficulties, she might be better off in the public school where the school is required by law to make the accommodations.  The public school will have other children who need the same accommodation and will be able to provide better services.  Many parochial schools are smaller, and have less students than the public school district and therefore have only a few students who need accommodations and cannot provide those in the same way that a public school can.  ... Read More

The problem is gong to be whether the principal believes your son, and the people sitting at his table, or the 3 boys sitting behind your son.  If the only thing the principal is relying on is that 3 boys said they heard your son make remarks, and there are other boys who said he did not make such a remark, then definitely fight the suspension.  If there is no history of your son saying things like that, and no history of him being dishonest, why is the principal believing the other boys over what your son is saying? ... Read More

First you need to address this post with Facebook.  On the upper right, go to "Home"  and then at the bottom of the drop down screen go to "Report a problem" and the "report abuse".  Follow the directions on the page to report the problem to Facebook and the post will be removed.  Then you should follow up with the school because there is most likely a bullying problem, and somehow your son is being identified, and you need to stop that.  Most schools have a zero tolerance policy for bullying, and take it very seriously, sometimes too seriously, and you don't want anything negative to happen with your son if he is not involved.  Good Luck !... Read More

you have taken all of the proper steps, and are correct in what you are saying.  You need to go to the County Superintendent's office in the county in which you live. this is a link to the list of counties and how to get in touch with the county http://www.state.nj.us/education/counties/ It is always recommended that you go through all of the "chain of command" starting with the local school, principal, school board and superintendent.  You have done that and now need to go to the County Superintendent.  Good Luck !... Read More

If she is having difficulty because of her language, the school needs to address that and keeping her in a lower grade is not the proper way to address it.  You should demand to have her evaluated, and if she is lacking in certain skills then she is entitled to what is known as "compensatory education" either additional one on one time, supplemental tutors, or continued education over the summer months.  She should be getting specialized assistance in reading, and language to help her develop the langauge skills she needs as well as being tested for possible undiagnosed learning disabilities that could be over come with special schooling.  The school district cannot simply force her to continue to stay several grades behind as a solution to the problem.  Good Luck !... Read More

Many schools have policies like this, especially for children starting kindergarten or first grade.  Ask to speak to the administration.  If your daughter has completed 8th grade, she should be able to be admitted to 9th grade, however, the curriculum might be different.  Because she went to school in India, the testing requirements are different and it may be difficult to convince the adminstration that your daughter completed the equivalent requirements for 8th grade.  If the school district refuses to allow her into the 9th grade, ask for a copy of the written policy regarding age, and admission to each grade.  ... Read More

the answer to this question lies with your agreement with Kaplan.  If the Kaplan regulations require payment in full of all fees and costs before you receive your certificate, then yes, Kaplan can hold your certificate.  If after receiving your certificate, you feel you still have a claim, bring a claim against them for breaching their agreement to you by not finding you an internship within the required time.  ... Read More

I think you are on "thin ice" with this issue.  You will be doing business with middle school and high school students, not adults.  Therefore, there are still minors, and legally cannot be bound to a contract.  If the service you were offering was homework assistance, then you would be fine.  If a student took work that you did and turned it in with a representation that it was their own work, then that might be an issue for the student, but not for you.  ... Read More

You would have to prove that the school district was denying your child access to appropriate education.  there would have to be some basis (i.e. your child requires special education services not provided within the district) in order to have the district pay for the education out of district. ... Read More

Unfortunately I think the answer to this is going to have to be "it depends".  A lot of law pertaining to privacy and Facebook is just emerging, different situations are being addressed by the courts in different states, and different results are being achieved.  If the computer is a "school" computer, and you are accessing the Internet via the school, and the computer is supposed to be used for school work, then I think an argument could be made that the computer and its contents are school property.  This happen often in businesses.  If my computer is owned by my company, and I am accessing the Internet via the company Internet provider, and I am only supposed to be using the Internet for work related business, then the contents of my computer belongs to the company, and there could be a very strong argument that a Facebook page created using that computer, and accessed on that computer, belongs to the company.  If however, you are using your own computer, and have your own internet provider, in a dorm room for example, I do not think the same could be applied.  ... Read More

Counseling for behavioral issues won't work, there needs to be a plan put into place so that your son's good behavior is rewarded, and he is encouraged to make better decisions.  You should also be asking the school for a manifestation determination - meaning a specific determination that your son's behavior is not a manifestation of his disability.  Unfortunately, hitting other students is an impulsive type of behavior that often goes along with ADD and ADHD.  Instead of punishing him, or trying to get you to try medications, they need to work on giving him the skills to avoid impulsive behavior and to work on impulse control.  If they have done all of that, and its still not working, then they might be right in suggesting the medication, but not in lieu of medications.  If your son is in special education, he needs to have a behavior plan in place, not just an educational plan.  You should tell the school that they need to set goals and objectives for your son's behavior, and then figure out how they are going to accomplish those goals and objectives, and set a time for each goal to be accomplished, and if all of that STILL doesn't work, then you will be willing to discuss the possibility of medication with them, but not at this time, before other things have been tried. ... Read More

If the services in an IEP are not provided, your child may be entitled to compensatory education.  Does your pre-schooler go to pre-school disabled?  Was it a situation where your child was seen through Early Intervention and then started receiving therapies from the school district as preschool disabled?  So the technical answer may be that yes, those therapies should be "made up" but the school might make a claim that participation in the other activities was therapeutic or educational.  Depending on the types of therapies missed, and the number missed, it might be worthwhile objecting to, and seeing if the school district will make those up by extending the school year, if your child does not already receive services through the summer.  Its one of those situations where the "squeaky wheel gets the oil" and it certainly can't hurt to squeak !! The IEP is supposed to contain goal and objectives that are to be met through certain specific therapies, and if your child is meeting those goals and objectives, then you might not be able to get the missed sessions made up, but if your child is not, then you should !... Read More

You need to meet with the school immediately.  If the school has changed his placement, this is something they should have discussed with you before making the change.  If he does not already receive compensatory education for the two years that he missed, he might be entitled to it.  The district may have developed an in district autism program but they still must show that your son's goal and objectives in his IEP can be met by this program.   Look at the factors that initially got him the out of district placement.  Was there an evaluation of his educational needs, and a comparison to the out of district school and how that school would meet his needs?  Has the school proposed an in district placement that will meet the same needs?  If not, it is something you may have to litigate with the district. ... Read More

The case will be based on he representations you can prove were made and not lived up to by the school.  You should get those together and see a lawyer.  We'd be happy to meet with you for free to discuss this. It all comes down to what you can show they promised or lead you to believe as opposed to reality.... Read More

The relief that you would seek is for compensatory education.  That means that the school was supposed to provide something, and they did not, and therefore they have to make that up to your child by paying for additional education.  If your child is otherwise doing fine, and missed classes because he was not provided with the proper home instruction, he would be entitled to additional home instruction to compensate for that, maybe during the next summer.  Be careful what you ask for - your son might not want to go to summer school!... Read More