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CalAttorney2, Attorney
Category: Education Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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My son started out 8th grade w/o s teachers being advised of

Customer Question

My son started out 8th grade w/o his teachers being advised of his special needs,included in his iep through gifted. He has gone from high honors to failing most of his classes. Now he has also experienced suspensions because of lack of proper understanding on the schools behalf. I am considering now private education because I believe he is not going to thrive because of this negligence and his heightened sensitivities. He is a brilliant caring boy who is struggling
Submitted: 1 year ago.
Category: Education Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this situation.

Is there a reason why his teachers were not advised of his IEP?

Part of the purpose of an IEP is to advise the student's teachers (in addition to the administration) of any specific needs or additional concerns that need to be addressed in the classroom. It is difficult to claim that an IEP is not being addressed or implemented if the student's teachers are unaware of its existence.

If the administration/school is at fault for not bringing the teachers into the IEP process earlier in the year, they should be remedying this promptly.

You can of course consider a private education - but if you want the school district to pay for it, you are going to have to go through the IEP process (give the school an opportunity to implement an IEP with his teachers aware of the plan, and address problems) first.

Make sure that you are communicating with the school in writing throughout the year - if problems come up, send a note (it does not have to be a lengthy letter, but a quick note or email to the teacher, special education coordinator, or administrator best positioned to address the problem (or copying any combination of these) will help ensure that there are open avenues of communication, preserve records of your efforts, and hopfully help improve your child's learning experience).