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Allison Louise Hertog
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Allison Hertog’s Answers

17 total


  • Is there a federal law prohibiting schools from requiring a student to take ADHD medication?

    And do schools still tell parents to give their child ADHD medication.

    Allison’s Answer

    If you're talking about a minor in a public school there is no federal law that I know of which explicitly prohibits schools from requiring a student to take medication. However whether to medicate a child for AFHD is a medical decision that is highly personal. It would violate federal privacy rights for s public school to attempt to require it. Private schools may do so but it's a dubious practice.

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  • Special education: Do high schools measure postsecondary goals after the student graduated?

    And is no longer attending the school? And how?

    Allison’s Answer

    If the student has graduated high school and had post-secondary goals on his IEP, there is no way for the high school to measure those goals.

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  • Special education: How do you write a request to terminate your child's IEP?

    Do you write Dear CSE I would like to terminate my child's IEP or what?

    Allison’s Answer

    Since the IDEA was amended in 2004 parents have had the right to refuse or terminate all special education services provided by the IEP. The most direct way to do it is to ask for an interim IEP meeting. At that IEP meeting state in writing that you want to terminate the IEP and make sure they do so.

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  • Can I sue my public school for emotional distress and not helping him get into the correct class?

    One the first day of school I, my son, and his teachers realized he was in the wrong class. It is near the end of the grading period and he is getting an F and they have still not put him into the correct class. He has an IEP for OHI and is suffer...

    Allison’s Answer

    I'm sorry to hear that this is happening to you and your family. Twice Exceptional students like your son are often misunderstood and not serviced wellvin school. In fact, my parents were told I would never go to college.

    It seems apparent that he's not getting the accommodations he needs and is entitled to in school. You should ask for an interim IEP meeting ASAP. You should go with an advocate or attorney and can find one on AVVO.COM or copaa.org in your area.

    Make certain you get the helpvhe needs outside of school from a psychologist or psychiatrist.

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  • Who pays the bills for the Charter Schools in Florida?

    Where does the budget/money comes from that support the Charter Schools in Florida ?

    Allison’s Answer

    This is an excellent question. Charter schools are public schools - just like your traditional neighborhood school - except that they have greater autonomy from the local school board (e.g.., they can often hire and fire principals and teachers more easily than traditional public schools), and they can set admissions policies. They are not funded at the same level as traditional public schools - overall they get less money (about 70% as much as traditional public schools, I believe). Charter schools can accept funds directly from private sources and nonprofit foundations.

    I know you didn't ask about admissions but it's a confusing area for many parents and schools. In terms of admissions, they still cannot discriminate against minorities or students with disabilities. However, in terms of accepting and retaining students with disabilities, they may or may not have the ability/resources to serve every disabled child. This is a developing area of the law which differs according to the particular circumstances of a child.

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  • Can a school district deniey a child with special needs the care they need? What kind of lawyer do I need to contact?

    My child have a special need and the seattle school district had assigned her to 2 schools to fullfill her needs seperating her from her sister who attened one of the 2 schools. We had recently moved to seattle and had attempted contacting the chi...

    Allison’s Answer

    This is an excellent question which has a short and long answer. The short answer is "No, a school district cannot deny a child with special needs the care they need." The long answer is that the school district is obligated under the Americans with Disabilities Act and the Individuals with Disabilities Education Act not to discriminate against your child because of their disability and to provide an education which meets your child's unique educational needs in the Least Restrictive Environment. I don't know all the details of your case but it sounds like they want to separate your special needs child from your typical child and you object to that. It may be that the school district is saying that they can't accommodate your special needs child in the same school that your typical child attends. That may or may not be true, and that may or may not violate the law. It all depends on the specific details of your case. I think you should consult a special education attorney or advocate in the Seattle area - you can find one on Avvo or on the website below..

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  • I go to a Private college that goes by quarters. Can they increase tuition in the last month of the quarter?

    I go to a Private college that goes by quarters. Can they increase tuition in the last month of the quarter? The school's classes are one month long each and each quarter has three months. The school is increasing tuition more this year than l...

    Allison’s Answer

    The answer to your question is probably based in the registration forms or agreements your completed when you enrolled in the school. It's likely that those forms are drafted in favor of the school and when you signed them you agreed to tbose terms but you should consult a local lawyer to get the answer to your questions.

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  • Looking for Individuals with Disabilities Education Act as it read from 1997-2003.

    I am having a very hard time finding the Individuals with Disabilities Education Act as it read from 1997-2003. Can someone lead me in the right direction?

    Allison’s Answer

    A good place to find that law without subscribing to law service is Wrigjtslaw.com.

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  • What are my rights when my child is being bullied at school?

    He is being verbally and physically bullied and just today got punched repeatedly. This has been going on for about 3 years with little response from the school. He is in the 8th grade and is also considered disabled due to a hearing impairment ...

    Allison’s Answer

    This is a very serious issue as you know. When any student is injured in school, but particular a student with a disability there is reason for grave concern. First, you must report in writing the bullying incidents and the injuries to your school district. There should be formal forms you can use to report bullying and injuries, but if there aren't or if you can't access them, you must take your own very detailed notes on what has happened, including dates and the medical attention you've sought. You need a local personal injury attorney, and you may want to consider hiring a discrimination law attorney. You should also make a police report. The U.S. Department of Education has made it very clear in the last few years that bullying a student with a disability may be a violation of that child's civil rights under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. You should consider filing a complaint online to the U.S. Department of Ed Office of Civil Rights. It is not difficult to do and they will investigate the matter at no cost to you (if they take your case which sounds likely). Google them to locate the online complaint. But more importantly, you son must be safe and the school and district have a responsibility to make sure he is safe when he is at school. You must reach up to the highest levels of the school district and report this as a imminent threat to your son's safety.

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  • Can cse stop a parent from sending there child to a public middle school?there recamendatoin is to put him in a boces center.

    he has ADHD and is on medacation now an has no behavioral problems anymore. he's going into middle school this year an cse had a meeting an decided he wouled be better off in boces. last year he attendid a regular school for transion. he did ver...

    Allison’s Answer

    Your son is entitled to be educated in the Least Restrictive Environment - that means, essentially, that he's entitled to a mainstream classroom placements with reasonable supports (or as often as possible with his mainstream peers with reasonable supports. It's been a few years since I've lived in New York but I understand that Boces is a restrictive environment because there are very few if any typical or mainstream peers in a Boces setting. Therefore, if you think your son can handle learning in a traditional public middle school with supports, you should advocate for your son's rights, i.e. disagree with the CSE recommendation. You may need to hire a local advocate or attorney to do that.

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