Skip to main content
Diane Wiscarson
Avvo
Pro

Diane Wiscarson’s Answers

55 total


  • 10 year old disabled child being bullied and nothing done

    My 10 year old is in third grade. I spoke to his teacher regarding this problem in October. She had informed my son to ignore the problem. I went for his iep meeting last week and in the copy of the report I received it also states about the bully...

    Diane’s Answer

    When a student with a disability is being bullied, especially for something related to that disability, the school district has a duty to address the bullying so it does not prevent the student from accessing his education. If speaking with the regular education teacher is not leading to productive action, you should write a letter or email to both the special education teacher and the school principal to inform them of the problem and ask for help. Additionally, you can ask for an IEP meeting to be convened specifically to address the bullying and your concerns for your son’s self-esteem as they relate to his disability and accessing his education. If the issue is not resolved after an IEP meeting, the next step would be to contact the school district’s special education director or follow any district procedure for reporting bullying/harassment.

    If you want to pursue this matter further, an education lawyer licensed in Ohio would likely be able to help you. The Ohio Coalition for the Education of Children with Disabilities is the Parent Training and Information Center for Ohio that provides special education related resources to families at http://www.ocecd.org. Disability Rights Ohio is a federally mandated protection and advocacy agency that provides legal services for individuals with disabilities in a wide variety of settings, including education and can be found at http://www.disabilityrightsohio.org. The Council of Parent Attorneys and Advocates, a special education advocacy group, provides a directory of attorneys and advocates at http://www.copaa.org/find-a-resource/find-an-attorney/. The Ohio State Bar Association also provides information about lawyer referral services to help you find an attorney at https://www.ohiobar.org/ForPublic/AboutLawyers/Pages/StaticPage-72.aspx.

    See question 
  • My son's iep says test taking should take place with minimal distractions he has been kept in his regular seat can they do that?

    13 year old asberger, adhd, mood disorder

    Diane’s Answer

    School districts are required to implement the accommodations on an Individualized Education Program (IEP), such as testing with minimal distractions. Generally, accommodations should be specific enough that someone who does not know the student or the school program could know what the accommodation means. For example, tests administered in an alternative quiet location, tests administered in an individual setting, tests administered in a small group setting, or tests administered in pencil and paper format.

    If a teacher is not implementing the accommodations on your son’s IEP, the first step is to talk to your son’s special education teacher to address the concern. If that does not work, request an IEP meeting to address your son’s need for minimal distractions during tests and to rewrite the accommodation to be more specific.

    If you want to pursue this matter further, an education lawyer licensed in New York would likely be able to help you. The New York State Department of Education has a list of Parent Training and Information Centers for New York that provide special education related resources to families at http://www.p12.nysed.gov/specialed/techassist/parentcenters.htm. The Commission on Quality of Care and Advocacy for Persons with Disabilities is a federally mandated protection and advocacy agency that provides legal services for individuals with disabilities in a wide variety of settings, including education and can be found at http://cqc.ny.gov/advocacy/protection-advocacy-programs. The Council of Parent Attorneys and Advocates, a special education advocacy group, provides a directory of attorneys and advocates at http://www.copaa.org/find-a-resource/find-an-attorney/. The New York State Bar Association also provides information about lawyer referral services to help you find an attorney at http://www.nysba.org/AM/Template.cfm?Section=Public_Resources&ContentID=67283&template=/CM/ContentDisplay.cfm.

    See question 
  • Evaluation request for learning disability, ignored by school.

    What can be done if I requested learning disability testing via letter from public school a mont and a half ago and no answer? I have a proof that the letter was delivered the next day I sent it. School staff spoke to me before I sent the letter ...

    Diane’s Answer

    Generally, a school or school district has a responsibility to evaluate a student for special education eligibility when it has reason to suspect that the student has a disability that is impacting his or her education. A parent request for an evaluation is typically enough to get an evaluation started.

    When a school or school district is not responding to a request, the first step is usually to follow up with the relevant school personnel, such as a principal or special education administrator. If the school staff continue to not respond, it can be helpful to contact the district level special education director and request assistance with the situation.

    If you want to pursue this matter further, an education lawyer licensed in New York would likely be able to help you. The New York State Department of Education provides a list of the Parent Training and Information Centers for New York that provide special education related resource to families at http://www.p12.nysed.gov/specialed/techassist/parentcenters.htm. The Commission on Quality of Care and Advocacy for Persons with Disabilities is a federally mandated protection and advocacy agency that provides legal services for individuals with disabilities in a wide variety of settings, including education and can be found at http://cqc.ny.gov/advocacy/protection-advocacy-programs. The Council of Parent Attorneys and Advocates, a special education advocacy group, provides a directory of attorneys and advocates at http://www.copaa.org/find-a-resource/find-an-attorney/. The New York State Bar Association also provides information about lawyer referral services to help you find an attorney at http://www.nysba.org/AM/Template.cfm?Section=Public_Resources&ContentID=67283&template=/CM/ContentDisplay.cfm.

    See question 
  • I need an attorney that can help with a school system

    My daughter has bipolar and aspergers and has never been aggressive in school and has been bullied to the point that it has caused sever emotional problems for her along with hospitalization . The school will not work with me and have violated her...

    Diane’s Answer

    The PEAK Parent Center is the Parent Training and Information Center for Colorado that provides special education related resource to families at http://www.peakparent.org/. The Legal Center for People with Disabilities and Older People is a federally mandated protection and advocacy agency that provides legal services for individuals with disabilities in a wide variety of settings, including education and can be found at http://www.thelegalcenter.org/. The Council of Parent Attorneys and Advocates, a special education advocacy group, provides a directory of attorneys and advocates at http://www.copaa.org/find-a-resource/find-an-attorney/. The Colorado Bar Association also provides information about lawyer referral services to help you find an attorney at http://www.cobar.org/directory/index.cfm?ID=20036.

    See question 
  • I have a son with asperger's syndrome who is 19. How do I become his guardian and what paperwork will be required. Thank you.

    Also I'm retired military, so would military legal assistance be of any help, even if it was just to structure the legal drafts

    Diane’s Answer

    To initiate a guardianship proceeding in Washington, generally a parent needs to file a petition with the county court. The petition must include a number of facts related to the proposed protected person and why they are not legally capable of making their own decisions. After the petition is filed, there is an investigation and a hearing to determine if a guardian is needed and if the proposed guardian is appropriate. This process can be navigated without an attorney, but it is extremely difficult. It would likely be in your best interest to seek an attorney to help you navigate this process.

    Disability Rights Washington is a federally mandated protection and advocacy agency that provides legal services for individuals with disabilities in a wide variety of settings, including guardianship, and can be found at http://www.disabilityrightswa.org/. The Washington State Bar Association provides information about lawyer referral services at http://www.wsba.org/Resources-and-Services/Find-Legal-Help.

    See question 
  • Can a school count the days a child was suspended towards being truant-

    The only reason for the has missed days , is due to being suspended

    Diane’s Answer

    Generally, days that a student is removed from school for disciplinary purposes by school officials do not count in calculating violations of truancy laws and policies. However, truancy laws vary from state to state, so the specific answer for West Virginia may be different.

    If you want to pursue this matter further, an education lawyer licensed in West Virginia would likely be able to help you. West Virginia Parent Training and Information, Inc. is the Parent Training and Information Center for West Virginia that provides special education related resource to families at http://www.wvpti.org/. West Virginia Advocates, Inc. is a federally mandated protection and advocacy agency that provides legal services for individuals with disabilities in a wide variety of settings, including education and can be found at http://wvadvocates.org/about-us/. The Council of Parent Attorneys and Advocates, a special education advocacy group, provides a directory of attorneys and advocates at http://www.copaa.org/find-a-resource/find-an-attorney/. The West Virginia State Bar also provides information about lawyer referral services to help you find an attorney at (304) 558-2456 or (866) 989-8227.

    See question 
  • Can my son be charged with trauncey because of days missed from the school suspending him? this does not make sense

    I have no control of that

    Diane’s Answer

    Generally, days that a student is removed from school for disciplinary purposes by school officials do not count in calculating violations of truancy laws and policies. However, truancy laws vary from state to state, so the specific answer for West Virginia may be different.

    If you want to pursue this matter further, an education lawyer licensed in West Virginia would likely be able to help you. West Virginia Parent Training and Information, Inc. is the Parent Training and Information Center for West Virginia that provides special education related resource to families at http://www.wvpti.org/. West Virginia Advocates, Inc. is a federally mandated protection and advocacy agency that provides legal services for individuals with disabilities in a wide variety of settings, including education and can be found at http://wvadvocates.org/about-us/. The Council of Parent Attorneys and Advocates, a special education advocacy group, provides a directory of attorneys and advocates at http://www.copaa.org/find-a-resource/find-an-attorney/. The West Virginia State Bar also provides information about lawyer referral services to help you find an attorney at (304) 558-2456 or (866) 989-8227.

    See question 
  • Disabled son in school and the ISS Teacher called my son a retard and social worker told son not to tell us the parents.

    My son was in junior high and In School suspension teacher said my son was being a Retard, The social worker heard this, left the room, came back and said this convo, this situation is done, and dead, and dont go naggin to your Parents, your mom a...

    Diane’s Answer

    Generally, the first step in addressing inappropriate teacher conduct is to bring the issue to the attention of the teacher, the teacher’s supervisor, and the school principal. Districts also typically have an administrative complaint process that can be found on the district website and/or in the student handbook.

    If you want to pursue this matter further, an education lawyer licensed in Kansas would likely be able to help you. Families Together, Inc. is the federally mandated Parent Training and Information Center in Kansas that provides special education related resource to families at http://familiestogetherinc.org/?page_id=2695. Disability Rights Center of Kansas is a federally mandated protection and advocacy agency that provides legal services for individuals with disabilities in a wide variety of settings, including education and can be found at http://drckansas.org/. The Council of Parent Attorneys and Advocates, a special education advocacy group, provides a directory of attorneys and advocates at http://www.copaa.org/find-a-resource/find-an-attorney/. The Kansas Bar Association also provides a lawyer referral service to help you find an attorney at http://www.ksbar.org/displaycommon.cfm?an=1&subarticlenbr=8.

    See question 
  • Teacher refuses to acknowledge that my grandson ( 11 years old ) has adhd. School now thinks he's a trouble maker.

    Tried to talk with his teacher, even tried to send info to her.But because I misspelled her name,by one letter,she refused to open the note ? Have tried to get the principal to return my calls in regards to this matter,but for some reason,she's al...

    Diane’s Answer

    Teacher refuses to acknowledge that my grandson ( 11 years old ) has adhd. School now thinks he's a trouble maker.
    Flag

    Asked about 5 hours ago - Yucaipa, CA
    Practice area: Civil Rights Education Emotional Abuse Special Education Student's Rights Teacher Misconduct

    Tried to talk with his teacher, even tried to send info to her.But because I misspelled her name,by one letter,she refused to open the note ? Have tried to get the principal to return my calls in regards to this matter,but for some reason,she's always in a meeting.Last year,my grandson was in the upper 30% on his star test,this year,he'll be lucky to graduate.His teacher acts like some kind of drill instructor from the military.It's all about discipline and very little about education. HELP !

    ANSWER

    Initially, one of the important issues will be who has the educational decision making rights for the student. Typically, parents hold these rights unless a court has awarded custody or educational decision-making rights to another individual. A school cannot release information to or discuss a student with a grandparent unless the grandparent has educational decision-making rights or written permission from the parents because of federal privacy laws.

    Generally, public school districts have an affirmative duty to identify and serve students with disabilities under the Individuals with Disabilities Education Act (IDEA) and § 504 of the Rehabilitation Act of 1973 (§ 504). This “child find” duty is typically triggered when a parent or legal guardian raises the concern that a student might have a disability and need help in school. One of the first things a parent or guardian can do is request that the school initiate an evaluation to determine eligibility under the IDEA and § 504. If a school is refusing to acknowledge such a request, there is usually an administrative process within the District to appeal that decision. It would likely be helpful to enlist an advocate or attorney to navigate this process and help hold the school accountable.

    If you want to pursue this matter further, an education lawyer licensed in California would likely be able to help you. The California Education Department provides information about regional Parent Training and Information Centers that provide special education related resource to families at http://www.cde.ca.gov/sp/se/qa/caprntorg.asp. Disability Rights California is a federally mandated protection and advocacy agency that provides legal services for individuals with disabilities in a wide variety of settings, including education and can be found at http://www.disabilityrightsca.org/. The Council of Parent Attorneys and Advocates, a special education advocacy group, provides a directory of attorneys and advocates at http://www.copaa.org/find-a-resource/find-an-attorney/. The State Bar of California also provides information about lawyer referral services to help you find an attorney at http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx.

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

    And is no longer attending the school? And how?

    Diane’s Answer

    Generally, post-secondary goals are part of the transition services required by the Individuals with Disabilities Education Act (IDEA) for a student that is 16 or over and receives special education services. Typically, measurement of the post-secondary goals comes into play two ways. First, the course of study that the student is taking should clearly build skills to enable the student to achieve the post-secondary goals and include measurable steps toward them.

    To understand the second way post-secondary goals can be measured, it is important to understand the state diploma options. Most states have a variety of diploma or certificate options available to students at the end of high school. Along with the standard high school diploma that most students receive, states typically offer a modified diploma and/or other alternative diplomas or certificates. If a student receiving special education services achieves a standard diploma, the district’s responsibility usually ends. However, when a student receiving special education services graduates with anything less than a standard diploma they are generally entitled to transition services aimed at post-secondary goals until they turn 21. In these situations where the student receives transition services after leaving high school, the student’s post-secondary goals can be measured during these transition services.

    If you want to pursue this matter further, an education lawyer licensed in New York would likely be able to help you. The New York State Education Department provides information about regional Parent Training and Information Centers that provide special education related resource to families at http://www.p12.nysed.gov/specialed/techassist/parentcenters.htm. The Commission on Quality of Care and Advocacy for Persons with Disabilities is a federally mandated protection and advocacy agency that provides legal services for individuals with disabilities in a wide variety of settings, including education and can be found at http://cqc.ny.gov/advocacy/protection-advocacy-programs.The Council of Parent Attorneys and Advocates, a special education advocacy group, provides a directory of attorneys and advocates at http://www.copaa.org/find-a-resource/find-an-attorney/. The New York State Bar Association also provides information about lawyer referral services to help you find an attorney at http://www.nysba.org/AM/Template.cfm?Section=Public_Resources&ContentID=67283&template=/CM/ContentDisplay.cfm.

    See question