Merced, CA asked in Education Law for California

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

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1 Lawyer Answer
Lori E. Arons
Lori E. Arons
  • Education Law Lawyer
  • Hackensack, NJ

A: 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 is appropriate for her without knowing her needs. You may do well to get an educational advocate or special education attorney to guide you through this process since you've said it's been an issue her whole life. The school may be obligated to provide compensatory education. There are no money damages available under the Individuals with Disabilities Education Act (IDEA), but it does promise eligible children a free appropriate public education, and offers services as compensation when a school fails to comply. Best of luck to you and your daughter.

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