Education Law Attorneys in Fishers

How Schools Stay Protected

The law provides substantial protections to public schools, as they operate under different laws and rules than the rest of us. These complex and confusing laws include Tort Claims Act notice requirements, immunities, and limitations on recovery. Many of them seem unfair to parents and their children. We are passionate advocates for children with disabilities and will fight for our clients to ensure they receive the services and support which they need in order to be successful in school.

We have the knowledge and experience to help parents even the playing field and navigate the uncharted waters of education law.

Special Education – It’s a Right, Not a Privilege

All children have the right to an education. The Indiana special education attorneys of Massillamany Jeter & Carson LLP have earned a reputation as leaders representing children with special needs.

In this era of staff shortages and budget cuts, many public schools are not providing the services needed by students with disabilities. Many parents don’t realize that federal law requires schools to provide services to special needs students.

In those cases, we may bring a Due Process hearing request against the school under the Individuals with Disabilities Act (IDEA). These are administrative proceedings filed with the Indiana Department of Education, which appoints an Independent Hearing Officer to render a decision. Under IDEA, the State Department of Education has to have rules and policies in place to make sure that state-funded schools comply with federal law.

IDEA requires public schools to identify and evaluate children with special needs and disabilities each school year. IDEA requires the school district to provide disabled students with specific education resources and services.

Article 7 contains Indiana’s special education rules. These rules are designed to conform to the federal Individuals with Disabilities Education Improvement Act (IDEA).

Article 7 sets forth the school’s responsibility to provide disabled students with a free appropriate education (FAPE). It requires the state to provide disabled students between the ages of 3-22 with a FAPE. Special education services must be rendered in the least restrictive environment (LRE), meaning that disabled students are integrated with their typical peers as much as possible.

Cases involving other claims may be filed in state or federal court. We work closely with your child’s psychologists, therapists, mental health providers, and other professionals to develop a plan designed to maximize their potential.

Although many parents may believe that they cannot afford a lawyer, there is a provision in the law which may enable us to get the school to reimburse your attorney fees. We are happy to review your child’s IEP for no charge and give you a free phone consultation to let you know your options and what remedies are available under the law.

The Indiana special education attorneys at Massillamany Jeter & Carson represent special needs students who have disputes with school districts. Call one of our special education lawyers for a free consultation.

Pursuing Damages Against a School District

Generally speaking, you cannot recover monetary damages under IDEA unless there is evidence that a school district has denied your disabled child FAPE.

Student Discipline

The prospect of your child being kicked out of school is frightening. If he or she gets in trouble at public school, this can leading to suspension, expulsion, placement in an interim setting and even juvenile criminal charges. Sometimes schools will call parents (often repeatedly) asking them to come pick up their child from school early if the child is having a rough day. The law gives substantial protections to students in special education as well as those who do not yet have an IEP if the school had reason to suspect the child had a disability. We can advise you of your child’s rights and may be able to help keep him in school.

If your child is being suspended or expelled from school, we can advise you of your rights and try to keep them in school. Students in special education have certain protections under the law which may enable us to prevent an expulsion. In certain cases, these legal protections may apply to students not yet eligible for special education if the school had known that they were qualified.

A removal of a student for more than 10 consecutive school days or a series of removals that constitute a pattern is considered a “disciplinary change of placement.” The law requires public schools to follow certain procedures before making a disciplinary change of placement of students with disabilities, so you should consult a special education lawyer if you find your child in this situation.

It’s a good idea to document every time you are called by the school to come pick up your child so you can keep track of the removals. You may be entitled to compensatory educational services to make up for the lost time.

Issues with student discipline procedures also affect special needs students. Many parents think they don’t have a choice when the school proposes putting their special needs child on a half-day schedule or asks them to come pick him up early. However, under IDEA, disabled students are generally entitled to attend public school for the same hours as their typical peers; they can’t be sent home early or put on a shortened school day schedule just because their behaviors are difficult to manage.

Injuries at School

The law requires schools to use reasonable care and supervision over students. If your child is injured at school as a result of negligence or abuse, you may be entitled to recover monetary damages from the school district.

Bullying

Bullying has become an epidemic in our schools. Children are humiliated on social media, harassed, called names, teased, ridiculed, intimidated, tormented, and physically assaulted. Some victims are so terrified of being bullied that they develop a school-based anxiety disorder and want to stay home. In many cases, their parents have spent months—even years—trying to get the school to take them seriously and hear their cries for help, only to be brushed off or ignored.

If there is evidence that the school knew or should have known that your children were being bullied and they suffered harm as a result, the school may be legally responsible and you could be entitled to recover monetary damages in state or federal court.

The cruelest place in the world is the playground. Kids who are overweight, skinny, have special needs or are just “different” get picked on at school every day. It may seem like just teasing to some people, but the results can be serious. Schools have a duty to protect your child from bullying. If your child is being bullied at school, the Indiana education attorneys of Massillamany Jeter & Carson may be able to help.