Durham education attorney representing children and adults with special needs in a variety of educational settings in Durham, Raleigh and surrounding counties.
Q: My son needs extra time for testing due to his ADHD, but his teacher and the principal say that it would not be fair to the other students. How do I get help for my son?
A: You need to request that the school order an evaluation of your son’s disability to establish and IEP for him. The testing accommodation can be part of the IEP. You are entitled to have a lawyer attend IEP meetings and represent your child.
“Mr. Bill Wickward represented my son with his education matters. He was a very professional and caring attorney. He is an attorney that has compassion for his clients and is dedicated to doing the best work. It took us alone three years of no results with the school district. Mr. Wickward within a matter of few months received proven results with my son educational matters. We would like to thank him for all his hard work that he has done for us. It was truly a blessing to have him represent my son. Thank you again!!” Keedra S.
Children with Disabilties
All children are entitled to a free education in North Carolina (North Carolina Education Statutes). Both federal law and North Carolina law prohibit discrimination of children, including children with special needs. All too often, children with special needs are isolated, separated and treated with little respect by educators.
Children are entitled to evaluations and testing to see if they meet the criteria for the Exceptional Children’s Program. North Carolina law provides a resolution process, including mediation services when evaluations are denied or accommodations are not followed. At Wickward Law Office, our Durham education lawyer can help you navigate the difficult and sometimes hostile education setting so you or your child can get the education he or she deserves. Children should not be discriminated against by a school system, principal or teacher because they suffer from a disability. Each child deserves to be treated with respect and care.
Individualized Education Plan (IEP)
Children with special needs are entitled to an evaluation for an Individualized Education Plan (IEP). The goal is inclusion, not exclusion for children with disabilities. Creating a good, working IEP should allow for inclusion for most children. An IEP is preferred over just a 504 plan as the enforcement mechanisms for an IEP are more detailed.
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based upon a disability in all levels of education. So if you attend college and have a disability but your professors refuse to grant you accommodations due to your disability, then you may have a claim.
North Carolina law provides the procedures for discipline of children in public schools. Short-term and long-term suspension are defined in the law. Each type of suspension provides different rights and appeal options. Your school’s student handbook should provide the discipline process. Many times, deadlines are short in this process.
If your child has been discriminated against or has been subjected to unreasonable discpline procedures, contact us to advocate for you and your child.
Have you or your child been denied reasonable accommodations in an education setting? Call an experienced education law attorney to work for you.