Legal Question in Education Law in Washington

Legal recouse school district?

In second grade my mother tried to get me a tutor for school but because exact dates of missing school was unknown, I was denied. I had Cancer.

In eighth grade my mother was told I could do the work but I didnt apply myself. She had asked for testing to be done to see if I had a learning disability. Denied.

I received numerous treatments of radiation to my brain as a child.

In eleventh grade a teacher decided to have me tested for learning disabilities.

I have a learning disability.

Is there any legal recourse I can now take against the school district for not helping me as a child? This has impacted my life greatly, I read at a second grade level among other things! Thank you!


Asked on 9/05/07, 12:59 am

1 Answer from Attorneys
Theresa Petrey The Law Office of Theresa Petrey

Re: Legal recouse school district?

These are very time sensitive questions. Much depends on how old you are now. And, what laws were in effect at the time. For someone who reads at a second grade level, you certainly write well.

Today, there are two main legal frameworks for obtaining placements for children struggling in school due to disabilities. One is section 504 of the ADA which deals primarily with accommodation issues for children with disabilities such as medical fragility resulting from the effects of cancer and cancer treatment and IDEA, the Individuals with Disabilities Education Act, which pertains to most of the "special education" classifications.

More information can be obtained at the Office of the Superintendant of Public Instruction website, Writghtslaw, and your local Disability Resources Center. Here in Central Washington the lead agency is Central Washington Disability Resources.

Also, you may be able to receive assistance with pursuing additional schooling as an adult even to the point of going to college with accomodations. Most colleges provide some staff to assist disabled students in getting the appropriate accomodations to successfully continue their education.

A lawyer specializing in Special Education law can probably answer the question of whether your claims are time barred very quickly, so it is worth seeking a consultation.

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Answered on 9/05/07, 9:05 am


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