Taft HS started my son's IEP in November 2018, but it was not finished since the school's psychologist's evaluation reports were not ready (they had lost the first questionnaire that I had filled out). Now, at the end of April, they still do not have a date for his IEP. The special education office in this school is a mess; I even heard that the school is doing this to make the students with special needs leave the school (because they get lower grades) in order to increase their academic scores. So I would like to know if I can sue Taft/LAUSD because my son's entire junior year has gone, possibly with him being in the classes that are not best suited for him.
Suing the school isn't the procedurally right way to do it, but yes, you can take action. You really should meet with an attorney who handles school law. If you can't, then at least ask the special education director (by law, they have to tell you) about your rights to file an appeal, and that should help you with the procedures. You are entitled to have an IEP much sooner than this, and your son is entitled to the appropriate education. If the school has dropped the ball on that, then they may owe your son extra remediation as well as damages.
Be aware that this response does not create an attorney/client relationship. I live and work in Massachusetts and may or may not know the local laws where you live. I hope people find my responses not only helpful but somewhat entertaining as well. If you rely on this as legal advice, remember the old saying, "You get what you pay for."
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