Summary
Schools must follow IDEA to accommodate students with disabilities. If behavior is a manifestation of the disability, it should be addressed in an IEP. If you disagree with the IEP, you can request an Independent Educational Evaluation, file a complaint with the Texas Education Agency, or request a due process hearing. Special education attorneys can be found through the State Bar of Texass Lawyer Referral Service. Pro bono or low-cost legal services are available through organizations like Legal Aid of Northwest Texas, Texas Legal Services Center, and Lone Star Legal Aid.Full Conversation
I need assistance for my son who is has mental disabilities and the school reported a conduct for him having an episode, which is common with his disabilities, now he is being charged with criminal charges of a Class A Misdemeanor.
Hello ****, I'm really sorry to hear about your situation. Could you please tell me which state you're located in so I can provide more accurate guidance?
Texas
In Texas:
- Schools should follow the Individuals with Disabilities Education Act (IDEA), which requires them to accommodate students with disabilities.
- If your son's behavior is a manifestation of his disability, it should be addressed in an Individualized Education Program (IEP), not with criminal charges.
Consider consulting with a local attorney who specializes in education law.
The IEP said his conduct was not a manifestation of his disability, but we do not agree
I understand your concerns, ****. If you disagree with the IEP's findings in Texas, you have the right to:
- Request an Independent Educational Evaluation (IEE)
- File a complaint with the Texas Education Agency
- Request a due process hearing
Consider reaching out to a special education attorney for assistance.
Where can I locate that type of attorney
You can find a special education attorney through the State Bar of Texas's Lawyer Referral Service.
State Bar of Texas Lawyer Referral Service
Phone: (*) *-*
Website: www.texasbar.com/lrs Are there any attorneys that work pro bono or that are for very low income families
Yes, there are organizations in Texas that offer pro bono or low-cost legal services. You could try:
- Legal Aid of Northwest Texas: (*) *-*
- Texas Legal Services Center: (*) *-*
- Lone Star Legal Aid: (*) *-*
Please reach out to them to see if they can assist with your situation.
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