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Questions Answered by Lori E. Arons

1 Answer | Asked in Education Law for Ohio on

Q: What is the statue of limitations in cases that involve special education?

Lori E. Arons answered on Jan 14, 2019

The Statute of Limitations in special education matters is two years from when the parents "knew or should have known" about the violation(s), and the remedy is not limited to the two year period preceding the filing, rather the entire period of the violation may be remedied so long as a petition... Read more »

1 Answer | Asked in Education Law for Virginia on

Q: Can I request a special needs evaluation for my kid at any time during the school year?

Lori E. Arons answered on Mar 9, 2018

Absolutely, yes! Be sure to make the request in writing as the timeline within which they must meet with you to discuss the nature and scope of the evaluation starts to run the day they receive your written request. I like to hand deliver these types of letters, and have someone at school sign... Read more »

2 Answers | Asked in Education Law for New York on

Q: A student with an IEP in school has a set plan that we educators must follow. Is it okay for the principal to change it

Must there be a team meeting on the student and change or will a signed paper from the parent suffice? Which is more powerful, the principal or IEP? Can a teacher be written up for following the IEP over the directive from the administrator?

Lori E. Arons answered on Mar 7, 2018

The Individuals with Disabilities Education Act (IDEA) does allow for amendment of an Individualized Education Plan (IEP) without calling a meeting of the IEP team. IEP amendments require that the parent and the district agree on the change. Services cannot be guaranteed by a verbal agreement... Read more »

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2 Answers | Asked in Education Law for New Jersey on

Q: My sons school finally gave him a full period of Orton Gillingham. How do I get it put in his IEP

He is severely dyslexic and at first grade level reading/writing.

Lori E. Arons answered on Feb 28, 2018

Pursuant to N.J.A.C. 6A:14-3.7(d) the IEP may be amended without a meeting of the IEP team as follows: (1) The IEP may be amended if the parent makes a written request to the district board of education for a specific amendment to a provision or provisions of the IEP and the district agrees; (2)... Read more »

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1 Answer | Asked in Education Law for Washington on

Q: My district won't evaluate my kid for special needs -- how do I appeal this?

Lori E. Arons answered on Feb 25, 2018

As a parent, guardian or advocate, you have a legal right to request that your public school evaluate your child for special education. Federal law, the Individuals with Disabilities Education Act as amended in 2004 (IDEA), gives you that right. States are obligated “identify, locate, and... Read more »

1 Answer | Asked in Education Law for Arizona on

Q: what can be done if a school did not comply with IEP requirements. from prior school current and was out of compliance

EIP expired 10/17 incident occurred they did not comply withhold IEP from prior year and now child is facing legal isdue this is failure to provide correct accommodation

Lori E. Arons answered on Feb 15, 2018

There is not enough information provided to answer the question. What can be done will depend on the full set of facts, and it is unclear what any of the facts are. As to "what can be done if a school did not comply with IEP requirements," the answer depends on what requirements the school failed... Read more »

2 Answers | Asked in Education Law for California on

Q: Can I sue if my son's teacher fails to follow the 504 plan.

Before we charged to a new schools this school year my 7 yr old son had a 504 plan in place already. Once we switched in November we went over plan with his new teacher. Since that day she has not followed the plan. She has suspended him and sent home multiple referrals for the behaviors listed in... Read more »

Lori E. Arons answered on Feb 12, 2018

Issues concerning a Free Appropriate Public Education under the Individuals with Disabilities Education Act (IDEA) or section 504 of the Rehabilitation Act must first be exhausted administratively before you can "sue" in a court of law. It may be that your child requires an IEP under the IDEA... Read more »

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1 Answer | Asked in Education Law for California on

Q: Can i sue if a school told me my daughter who is only 9 was failing and has been her hole life

And there is no where at there school were ahe fits in at slow classes are to slow and regular classes are too advance for her i thought the rule was no child is left behind

Lori E. Arons answered on Feb 10, 2018

I hate to answer a question with a question, but has she been evaluated for special education and related services? If not, you can refer her to the school's Child Study Team for an evaluation. Evaluations clarify needs and drive both services and placement. They can't really know what placement... Read more »

1 Answer | Asked in Civil Rights and Education Law for New York on

Q: Can I get in trouble with school for online harassment?

I was talking to this kid online, confronting him on things that he does. He starts saying that I’m harassing him. This was all online, off school campus, not during school hours, and it was all on my personal phone. Now I want to know if the school can actually punish me for that. I literally... Read more »

Lori E. Arons answered on Feb 8, 2018

Possibly. A frequently used definition of cyberbullying is "an aggressive, intentional act or behavior that is carried out by a group or an individual, using electronic forms of contact, repeatedly and over time against a victim who cannot easily defend him or herself," but there are many... Read more »

1 Answer | Asked in Education Law and Criminal Law for Florida on

Q: if a 18 year old gets a 16 year old pregnant but they’re both still in high school can the 18 year old go to jail ?

Lori E. Arons answered on Feb 6, 2018

This is not an education law question, it is a criminal law question. I am not licensed in Florida, but did find on the web the following:

"The Florida Age of Consent is 18 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally...
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1 Answer | Asked in Civil Rights and Education Law for New Jersey on

Q: Can my 6 year old ADHD son be kicked out of aftercare? He has an IEP in school. I believe he is protected by the ADA.

He got his 2nd warning yesterday for pushing a student. He is extremely impulsive and cannot control himself. I read the aftercare's policy handbook and it said students can be terminated if physical towards other kids, but at the end of the handbook it states that they abide by the American... Read more »

Lori E. Arons answered on Jan 30, 2018

It is always difficult to answer questions without knowing a particular child's full profile, but children with disabilities are protected from disability discrimination under Section 504 of the Rehabilitation Act as well as the Americans with Disabilities Act. I recently handled a case where the... Read more »

1 Answer | Asked in Civil Litigation, Education Law and Public Benefits for Arizona on

Q: Is the school district part of the local Government?

Lori E. Arons answered on Jan 29, 2018

The school district is considered a part of the local government. Public schools are funded by local taxes and are run by elected officials.

1 Answer | Asked in Education Law for Michigan on

Q: Can the school keep important information about a child away from their parents?

Information as in if the child should be recieving special education benefits like accumulated tests and such without the parent’s knowledge. I’m asking because my daughter was given an accumulated test as her exam. She then decided to email her teacher and the teacher replied in real life... Read more »

Lori E. Arons answered on Jan 29, 2018

The Family Educational Rights and Privacy Act (FERPA) is a federal privacy law that gives parents certain protections with regard to their children's education records, such as report cards, transcripts, disciplinary records, contact and family information, and class schedules. As a parent, you... Read more »

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