Suits against schools for this have failed miserably across the country. Courts do not like to get involved in the educational decisions of schools. However, under the Act, if your child is not receiving the tutoring and any assistance to assist any special needs he may have or has not been properly evaluated to determine any special needs, these types of suits are successful when the schools are asked to provide the services and refuse to do so. You need to begin by asking the school to evaluate your son for any educational disabilities and to provide services to him for those disabilities, if they refuse then you will need to get an attorney that specializes in Individuals with Disabilities in Education Act (IDEA)cases and pursue a suit against the school to force them to comply.
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