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What type of lawyer do I need to assure (or if necessary sue) my daughters academic needs are being met, she has an IEP & 504?

Bend, OR |
Filed under: Education law

My daughter is a sophomore and I have had numerous discussions with her manager as well as her annual IEP meetings. She started this year having flunked 2 classes the previous year. When we received her schedule it showed she had no 2nd period class. I called and discussed this with her case manager and was assured that he would get her into a core class for 2nd period; this never happened.
She was put in Geometry, though she has not even passed math basics. I expressed my concerns and was assured that they had enough support that she would be fine....she has an F.
She failed biology last year, rather than putting her back in the class they decided that a credit recovery through ILO would be best, but failed to put her in the appropriate class that provided help with this. She has a 38%

Attorney Answers 3


  1. There are attorneys that specialize in school law and education law, usually as a part of a disabilities practice. Consult with the bar association in your county or town and ask if there are any attorneys who specialize in those areas. If there are no attorneys locally, you should then contact your state bar association. IEP and 504 plans are very important, but unfortunately many school districts will do everything they can not to comply, because it costs them money. Please don't give up, because your daughter is counting on you!


  2. Please consider hiring an attorney to assist in in addressing the school deficiencies in your daughter's education. Alternatively, file a complaint with the Oregon Department of Education. The ODE will send an person out to investigate and make recommendations. The complaint process does not cost any money and is an economical way to start. There are at least four special education attorneys in Oregon who can assist you.

    The IDEA provides due process procedures to address the situation you describe. It is also important to be diligent so credits toward graduation are not lost, as well as differences between an Oregon diploma and a modified diploma.


  3. I agree that you should find an attorney in your area to disucss your case. Having practiced special educaion law for many years, I can attest to the fact that it is a complex practice. An experienced attorney will be able to evaluate your case and let you know if it is advisable to proceed with a due process hearing or with a less formal process. If you do file for due process and win your case, the school district will be liable for your attorney's fees in addition to whatever relief a hearing officer may order.

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