Special Education/recourse


My son is NOT being educated at school. The school was completely content to let him fail and do nothing so I send him in late and educate him in the morning (doing ALL his classwork) before I go to work. I don't know what to do. It's insanity because they're failing me and now they're threatening me and at our last meeting I said "I cannot keep sending him to NOT be educated." No FBA was done despite a request. I'm lost. If I need a lawyer, I can scrape the money together but this is utterly outrageous to me. I am educating him and I can prove it with all my paperwork and they are threatening me! It's audacious.  When I said I would educate him myself part of the day, no one objected. I am considering homeschooling but I want to know how to draft it because he's not being educated there. I can't be the only parent in this situation but I don't know what other parents do. I work hard to make ends meet and I am thoroughly exhausted from all the work I am doing. It's not just doing classwork, I am teaching him. And he is a great student at home so I don't get it! He has ADHD and I think not having proper accommodations set him off in rebellion. They really don't care. There is an IEP, but I really do not believe they follow it. I get no information either unless it's at a CSE.

I am sorry your school is not meeting your son's unique needs as called for in the law. You always have the choice to home school your son. There are some online programs available for free that are set up to support home schooling. They will supply you text books and work books as well as a curriculum to follow.

As a parent, you have the right to visit your son's classroom. They can require you to make an appointment in advance to do so, limit the time you can observe, and they have the right to have an administrator with you.

Given the school is not responding to your requests, you have two choices. The least expensive is to file a Compliance Complaint with the New York State Department of Education. There is information online to help you through this process. You have to be able to show that the school is not following your son's IEP. Once you file this, the state will investigate and make a ruling.

The other option is to file for Due Process which requires either an advocate or lawyer with a proven track record in this field because you will be going up against seasoned lawyers representing your school district. Either way, you are going to need evidence proving your contentions.  

Special Education

All Answers

Answers by Expert:

Ask Experts


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.

©2016 About.com. All rights reserved.