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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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My daughter's school pushed her up each grade, and the 6th

Customer Question

My daughter's school pushed her up each grade, and the 6th grade teacher has now said they should have left her behind...I have been trying to get the school to help 3rd grade; they seemed to not want to and just wanted her on meds. In 4th grade after a few battles they finally put her on 504, however, that has not seemed to help at all, and she is not in 6th and failing as always every class...they have now told me the law has changed and they are finally testing her and looking at putting her on an IEP...however, meanwhile, she is at minimum 2 years behind and all along they never tested her even though she scored below on all their standardized test there any recourse? I do have emails and such things to verify this. Thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn about your daughter's situation.

While you do not have recourse for compensation against the school district for not pushing your daughter into special education earlier, you can use the IEP process to help her get assistance (such as tutoring, study aids, additional testing time, modifications, or other assistance) to help her get her studies back on track and ensure she is getting a "Free and Appropriate Education" (this is the standard that the IEP will work towards).

The IEP process will allow you to give input into the way your daughter learns, as well as input into the specific goals for her IEP. If you are unhappy with the IEP process or meetings, you have a right to have a representative there (it does not need to be an attorney, but you can hire a special education attorney if you like, some parents prefer to hire a special education specialist or their child's psychiatrist or medical provider).