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Ely, Attorney
Category: Education Law
Satisfied Customers: 102143
Experience:  Attorney in general practice,
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Customer Question

GOOD MORNING IM HAVING SOME ISSUES WITH THE SCHOOL SYSTEM IN ENGLEWOOD NJ.. First my son has a IEP and when school started they didn't follow it.. The other thing is my son broke his ankle went to the nurse she didn't check him and his ankle was broke and i took him to the hospital and it was broke.. NO CALL FROM SCHOOL NURSE.
Submitted: 1 year ago.
Category: Education Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please tell me:

1) What about the IEP did the school not follow?

2) You mean you did not find out about the ankle until you picked him up from school? Or, what happened exactly?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
IN HIS IEP HE SHOULD'VE START WITH A ONE ON ONE.. He broke his ankle in gym . Went to the nurse and she didn't look at it or nothing... He told her I thinking ankle is broken..
Expert:  Ely replied 1 year ago.

Thank you. Let us break this matter down into two parts.

The school is required to follow the IEP. If it does not, then one can ask for a meeting with the principal and request firmly that the IEP is followed and respected. IDEA allows the state and/or the federal government to sue the district in court on not following IDEA. Threatening to file a state and federal complaint goes a long way to have the school become more productive.

Filing a federal complaint:

Filing a state complaint:


This is separate from the IEP. There is no statutory law that the school has to immediately contact the parent if the child is hurt every time. This only really becomes actionable if the school's nurse did not do something that would have lessened the injury as a nurse should have, and his injury became WORSE do it and/or he suffered permanent injury.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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