Legal Question in Education Law in Illinois

learning disability

My grandchild is the poorest reader in the class but the teacher insists she simply won't pay attention. Do I have the right to demand she be tested for possible placement in special ed program under PL 94 142?


Asked on 3/09/07, 1:44 pm

1 Answer from Attorneys

MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: learning disability

Hello!

1. I assume that you are your granddaughter's LEGAL guardian or custodian that is so recognized by the School + District.

2. You should go to the school counselor and be the squeaky wheel and demand that you Gdaughter be tested for learning disabilities. If she is so "disabled" [usual criteria would be reading at 2 grade levels below the bell curve so to speak] and this can be confirmed, you can then DEMAND accomodation under the Americans With Disabilities ACT (ADA) which since 1993 has recognized learning disabiliteis as a true disability.

3. You then request an Independent Educational Plan (IEP) which is arrived at AFTER TESTING and after the school, the teacher, the counselor(s) all confer. You all sit down and hash it out based upon the testing.

4. It might be in your Gdaughter's best interest to have her indedpendently tested on your own so that you have the deal points and argument already in hand when you make your request for testing and accomodation!

CLUE:: Not paying attention in and of itself may well be a sign of a form of disability, whether that is a learning or emotional one or otherwise. Check her hearing and vision as well!!

Good luck. I hope this has been helpful to you.

Regards,

Mark Geyer

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Answered on 3/09/07, 2:26 pm


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