Legal Question in Personal Injury in Pennsylvania

Emotional Distress From School Administrators and Failure to Provide an Educatio

I am not sure if this is the correct location for this question but I will ask it here. My son was diagnosed ADHD approximately two years ago. He has and still is having behavior problems and all the school does is punish him and it is to the point now where my son has given up hope of getting better and getting his good name back. The school is well aware of his health problems and since his mother and I have no health insurance we constantly have asked the school for help. We have been turned away and never informed of the programs that are available from the school to address this situation. The Vo-Tech he attends for over two years has failed to assisit in any way until I finally erupted, but the damage is done. He is labeled by the principal as a bad student and is pointed out as one whenever a substitiute takes the class and most recently when a new teacher arrived. We do not just wait until he gets into trouble to ask for help. This is an ongoing battle. There is much more to this, but the bottom line my son is hurt and his reputation is ruined over this and it is a health issue, not a discipline issue but the schools fail to see it as nothing more than a bad child.


Asked on 6/09/04, 10:37 am

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Emotional Distress From School Administrators and Failure to Provide an Educ

Your child should probably have had an IEP (individualized education plan) developed as a result of his ADHD. If you request an evaluation for special education/IEP, the school must provide it. To not do so is a violation of the law. It may also be a violation of the law for them not to have done it even without your SPECIFIC request, as you may have constructively requested it by asking for help on certain issues.

Once there is an IEP, when your child does something wrong, the school has to determine if the behavior is as a result of the disability (ADHD) and have a manifestation determination to so determine. The amount and types of punishment allowable may be limited by the IEP.

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Answered on 6/09/04, 11:01 am


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