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Legal Eagle
Legal Eagle, Education lawyer
Category: Education Law
Satisfied Customers: 5268
Experience:  Extensive education law experience
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I need some help please. My son, whom is adopted

Customer Question

Hi, I need some help please. My son, whom is adopted Internationally, will be entering an American high school for the first time. He has lived with me for over a year. Because of his immigration status he had to be homeschooled for what would have been 9th grade. During that time, I was helping him with English and paid a tutor to assist him in learning the english language. He was recently evaluated to determine whether he needed ENL classes. The school determined he didn't and that his english was sufficient. He is NOT a fluent speaker and has a long way to go to be one. Now my son has to take regents tests and I can tell you from homeschooling him, he absolutely needs his language glossary and more time for the tests. They said he is not an ELL and will be treated as a native speaker. My son is very smart but has a hard time with the complicated english words in some of the tests. If they don't allow him to use his glossary, he will not take the test to his full potential and this is very unfair to him. What are our rights in this?
Submitted: 2 months ago.
Category: Education Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, eligible to practice in front of state and federal court, who is ready to help. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. I have represented school districts in the past and I've seen this issue come up from time to time. Generally,The Equal Opportunity Education Act requires public schools to take appropriate action to help English learner students overcome language barriers and ensure their ability to participate equally in school. If the school is not providing this to your child, then they may be violating federal and state law. You may want to consider just writing a formal demand letter That they comply with state law or else you may file a complaint with your local office of administrative hearings, which is the body that normally hears these education complaints, or that you may file a complaint with the district regarding this following the uniform complaint procedures that most districts have. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Expert:  Legal Eagle replied 2 months ago.

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.