special education

Edmonds, WA Viewed 100 times. Posted about 1 year ago in Education
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My son went to a school that did not provide him with a F.A.P.E. that accomodated his unique and individual needs. He was placed in general education and given a bunch of classes that went right over his head. So, for 2 years all he had was math that went right over his head and he didn't learn anything for 2 years. Now, he can barely do any basic math at all. The school never listened to a thing I said and his education was damaged by this. He also ended up being diagnosed with depression because of chronic harassment. I reported every incident and it was always minimized and played down and allowed to continue. Can I file a lawsuit against this school for ruining my son's education and causing the both of us psychological and emotional damage, and can it be a personal injury lawsuit where the attorney doesn't collect any money until we win?
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Answers (1)

Steven L Shaw

Steven L Shaw

Contributor Level 4
This attorney is licensed in Washington. Posted about 1 year ago. Flag as objectionable
To answer your question regarding suing the school, it is unlikely that your son has a claim for either intentional or negligent infliction of emotional distress (legal term for what you described). However, you can file suit against the school if they have not provided "free appropriate public eduction" (FAPE) or complied with the "Individual with Disabilities Education Act" (IDEA). The law in this area is not very settled, but you will find school districts (the entities who are ultimately responsible for complying with state and federal law) much more willing to act if you retain an attorney.

If you haven't requested a comprehensive evaluation report (CER) from the school yet, you need to. That will prompt the formation of an individualized education plan (IEP). Once in place, the school is required by law to take steps to conform to the plan.

There are some attorneys in Seattle that practice this kind of law. If you'd like help in contacting them, feel free to contact me.
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