Special Education/Fba lawsuit


My son is learning nothing at school.  I have no fba. I keep asking I signed for it. It's been 6 months nothing. I keep asking. Is the legal? I hired a tutor for my son. He breaks dwn at school. He has token board which wasn't discussed and gets so upset when a reward isn't earned he breaks down and cries. I asked about the system they said they're professionals and can handle it.  It's a nightmare. Is $10,000 enough for a lawyer? Without having to pay more. Thanks.


Having an FBA (Functional Behavioral Analysis) is just the first step because in the end you will need a Behavior Intervention Plan (BIP) that meets the unique needs of your son. This will dictate exactly what your son needs to help him with his behaviors so that he can access his education. When you ask for an FBA in writing the school has 30 days to respond either with an Assessment Plan or a letter telling you why they feel they don't need to conduct one. The fact that your son is in a token economy tells me he should have one.

The amount of $10,000 should enable you to retain a lawyer, but if you go to Due Process, it may not be enough depending on what the lawyer charges and the issues on which you are asking for rulings. If, and only if, you win the school district can be forced to reimburse the legal fees you pay.

There are some other options to consider before filing for Due Process. Assuming your son has an IEP, you can always file a Compliance Complaint with New York's Education Department. This assumes the school is not properly implementing your son's IEP. The cost for this is relatively low because there is no hearing and they do all the investigating.

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Tim Runner


Questions concerning special education: IEP, assessments, Due Process, mediation, resolution conference, federal law, state law, qualifying for services, residential treatment, special day classes, resource specialists, procedures, having your child assessed, adaptive PE, speech & language, non-public school, FAPE, and tuition reimbursement.


I have been an education advocate representing students and parents for six years. My experience includes: representing my clients in IEPs, SSTs, Due Process, review assessment results for my clients, and mediations. I have represented clients with learning disabilities, autism, Downs Syndrome, cognitively challenged, emotional problems, learning disabilities, ADD/ADHD, and physical disabilities. I have also represented clients to County Mental Health Departments and Regional Centers. My clients range from pre-school to college students in many states.

I have a degree in Mathematics from the University of California with minors in Psychology and Physics. I also studied applied statistics in psychology at the graduate level. I have taught college classes, conducted seminars, written articles for various publications, and testified as an expert witness.

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