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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Education Law
Satisfied Customers: 113505
Experience:  Attorney handling education matters.
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I believe the school district does not know how to deal with

Customer Question

I believe the school district does not know how to deal with ADHD. My son is failing and I know the teachers do not like him. I want to send him out of district.It has been a fight since 1st grade. He is classified with ADHD and non specific learning disability. He is in regular classes this year and has in class support. His english teacher is always emailing me whining and complaining. What steps do i need to take to get the ball rolling. They need to pay since they cannot deal with him. Besides retaining an attorney need to know my next steps.
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: New Jersey Roxbury School System. AKA Mayberry RFD!
JA: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?
Customer: Transferring him to a private school that deals in ADHD and specific learning disability and no have not spoken to the child study team. They will be the last to know as they don't ever want to do anything that will cost extra $$ need a local attorney here in Morris cty nj
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 3 months ago.
Category: Education Law
Customer: replied 3 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Have you requested an evaluation and obtained an IEP on him based on his disability yet?

Customer: replied 3 months ago.
he has been classified as ADHD, non specific learning disability
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.

Under the Individuals with Disabilities in Education Act, if a school district cannot provide for the needs of a child under an IEP, then the district must pay for the child to attend a school where he can get the assistance required or pay for services within the district to provide for his needs. Your first step if they are not able to provide for his needs pursuant to the IEP, would be to file a request to the school district explaining what the needs are that are not being met and what you tried with the school to get them to meet the needs and how they were unable to provide what was needed (this would require reports from his therapist or doctor to support your position) and you need to explain that because they cannot meet his needs you are forced to pay for him to get services elsewhere and inform them that under the IDEA they are required to reimburse you and pay for his educational needs. If the school district refuses, then your next step is asking in writing for a due process hearing to present your case, for which you should have a local educational lawyer representing your son. If that fails, the final step in the process before going to court is filing a complaint to the NJ Department of Education and provide them the proof of your son's needs and how the school department is unable or unwilling to meet those needs.

That is the process you need to follow to get your son's needs met.

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