Legal Question in Education Law in New Jersey

Specific Learning Disability

My step daughter, diagnosed with Specific Learning Disabilty recieves inclass support via IEP and was told by her tearcher to attend a tutor Center (which she attends). Involved currently with this in a legal battle with ex-spouse. What is my legal right to appose outside Tutor centers (ie Sylvan) when the Government supply ''FAPE'' and ''I.D.E.A'' Is the judge wrong in imposeing that I pay a 60% portion of a tutor center when I am entitle by my government for Free and Apropriate Education and the Federal Law. How to I go about getting facts and supporting my issue?


Asked on 10/26/05, 8:37 pm

1 Answer from Attorneys
CHARLES WEINER Law Office of Charles Weiner

Re: Specific Learning Disability

This response will address the school's responsibility and not your responsibility vis a vis the support dispute. They are very separate issues. If the teacher is recommending tutoring to remediate a deficit associated with a learning disbility, then the IEP team should meet to determine whether remediation is necessary and if so the school should either provide a program to remediate at school, provide tutoring after school or reimburse you for providing your own tutoring. Moreover, if you have already paid for tutoring, you may be entitled to a claim of compensatory education and/or reimbursement for Sylvan.

These are fairly complex issues and are difficulty to address without knowing more facts. I merely provided general statements regarding certain possibilities. If you feel the school is not providing an appropriate program for your child, you should consider seeking the advice of an attorney who is experienced (such as myself) in this area of the law.

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Answered on 10/27/05, 10:59 am


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