Kirksville, MO asked in Education Law for Missouri

Q: school district is trying to take my sons autism diagnosis away. They also took away his iep.

I am wondering if i can sue the school district for this unjust act. It has been mentally traumatizing for us. My kid needs the help he deserves.

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1 Lawyer Answer

A: School districts don't (and can't) make medical diagnoses. Since they literally can't take away a medical diagnosis, there is nothing to sue them for.

Make sure you have a current written diagnosis of your son's autism signed by a licensed physician with an appropriate board certification in child and adolescent psychiatry and that it is properly recorded in your son's educational records. You might even consider sharing your most recent ADOS and ADI-R assessments.

Some schools may also accept a diagnosis from certain subspecialists in the field of psychology, including school psychologists. But most will seek confirmation of the diagnosis from a physician certified in child and adolescent psychiatry anyway.

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