Legal Question in Education Law in California

ADHD discrimination at public school

My son has ADHD. For the past 3 years he's been in a school program called IEP which helps students like him academically. Recently I learned they are also supposed to assist him financially with SSI for any further need for his education. School teachers,nurse and therapist have been working with us and we've all signed documents year after year but we never received $ benefits and I find out he was taken out of the Progrm for over 1yr. They tried to deny that he was ever in the program but I have the paperwork signed by all school staff and my self. They took him out without even informing me, even though he was completely in need and we never received any financial asistance as we should have. What happened to that money that our child was supposed to receive?They now recognized he was supposed to have been enrolled all this time been financially assisted for his education. They've just now washed their hand and said , sorry there is nothing we can do. I go higher in the chain and there is just no answer as to why my son was involuntarily taken out of the progrm while the therapist recommended he NEEDED this assistance. And we all signed he was to be in this program. If you have any advise please help. what legal action?


Asked on 6/25/07, 8:35 pm

1 Answer from Attorneys
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: ADHD discrimination at public school

Hello.

Your son is actually not in a school program called IEP. "IEP" stands for Individual Educational Plan and is afforded to your son and others like him, because he is disabled. ADHD has been recognized as a "learing disability" since the late 1990's in a Department of Education ruling.

Your son is entitled to "Free Access" and "Reasonable Accomodation" under the Omnibus provisions of Americans With Disabilities Act "ADA").

1. Whether or not your son is entitled to Soc Sec disability is not addressed here at this time. That is an entirely different set of facts and circumstances.

2. Make an appointment with the School District and complain, LOUDLY that your son is not getting his due. Meet with the school principal and counselors--be the squeaky wheel.

3. Demand that his PLAN include whatever he needs. He will probably have to be tested again. ADD and ADHD kids often times outgrow those syptoms. You may have to have him tested at your expense and then demand that you get reimbursed.

Depending upon the severity of his affliction, you can have a note taker, a computer and many other benefits. The ADHD label will have to follow him through College. Many community colleges have wonderful disabled students programs.

You should be very active on the internet, studying his ailment, how it is treated and diagnosed, and you should also look for organizations that can help you understand and get his benefits.

Lastly, there are "advocates" who need not be attorneys who do nothing but seek benefits for your child. They assess him, attend the IEP meetings and even represent your son in the Due Process hearings against the School board if they remain uncooperative.

Good luck, and if you are local to my offices, I will be pleased to meet with you to discuss this further.

Respectfully,

Mark Geyer

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Answered on 6/26/07, 5:49 pm


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