The Wrightslaw Way

I was told that if a child has excessive absenteeism, he cannot receive special education services.  The school is not allowed to evaluate a child who has not had adequate instruction due to absences?  What percentage of absences would deny special ed services? Schools cannot refuse to evaluate a child who has frequent absences. This […]

The school district was supposed to test my daughter for giftedness and/or learning disabilities when we moved two years ago.  I just found out they never did. She is experiencing problems in the classroom. I wrote and asked the principal to test her, but he refused. He said he didn’t even understand why I was […]

On November 16 2011, a federal judge issued a ruling in D.L. v. District of Columbia, (D.D.C., Civ. No. 05-1437). This is the latest in a series of federal court decisions that found serious deficiencies in the District of Columbia’s special education programs. Judge Royce C. Lamberth held that the District of Columbia failed to […]

It’s been slow going since Judge Goodstein ordered MPS to do more for kids with special needs in 2008. After dragging their feet last year, it looks like it’s going to be a “tough road ahead” for MPS to make progress with the court-ordered compliance plan, says Alan Coulter, the independent expert overseeing the “Jamie […]

My daughter is in the 6th grade. She has sensory processing disorders, executive functioning problems, and severe anxiety. She had an IEP for emotional problems. When she takes medication, her anxiety is manageable. Because her medication is working, the  school says she is no longer eligible for special education services. Does effective medication disqualify a […]

Can the IEP team refuse to place a child in special education due to excessive absences, even though an evaluation points to the need for placement? No, the opposite is true. “Excessive” absences should trigger the team’s Child Find legal responsibilities. The school district should be concerned about the reasons for the student’s absences and […]

In 2007, a judge ordered sanctions against MPS and remedies for kids. MPS says what the judge ordered in June 2009 will be too costly. However, “they have a never-ending pot for attorney’s fees.” A lawsuit brought by Disability Rights Wisconsin in 2001 alleged that MPS systematically failed to identify and serve students who may […]

Judge Orders Search for MPS Students in Need of Special Education On June 21, 2009 the Milwaukee Journal Sentinel reported: “A federal judge has ordered Milwaukee Public Schools to launch a wide search for students who didn’t get special education services they should have gotten between 2000 and 2005 and to figure out what needs […]

On Monday, June 22, 2009, the Supreme Court issued a powerful pro-child decision in Forest Grove School District v. T.A. This is a case about tuition reimbursement for a disabled child  who was not found eligible for special education and received no  special education services from the public school district.

I am a counselor with the local mental health agency. I’m working with a 4 year old boy who has been “kicked out of” two preschool programs for behavior problems. He is diagnosed with ADHD. He has not been tested by the local school district. They refuse to offer him services because of his behavior. […]