Skilled Representation For Learning Disability Concerns

When your student struggles with a learning disability, it can affect the entire family. You may not know how to help them. Our attorneys at the legal practice of Windsor Law LLC can advocate for you. Windsor Law LLC can represent you in seeking solutions to help your student improve at school and become confident for life.

Suggestions For Students And Parents Of Students

For the student with a learning disability, school is difficult. Parents come to us all the time asking what they can do to help their student. The answer is simple – but not always easy.

First, have the student checked to see if they have a learning disability. Getting an accurate diagnosis of the disability is the key to everything else going well. We offer our own testing through a learning specialist to first identify why the student is not successful. Once we have identified that there is a processing issue, we can help students effectively get the schools to start the response to intervention (RTI) process that gives the student the right to free testing within the school. Then, a claim for the services they need through an IEP or 504 Plan to become successful in school can be made.

In some cases, the schools do inadequate testing or they are unwilling to do all the testing necessary to identify the problem. When this occurs, there is often a right to an independent educational evaluation (IEE). We can also help parents navigate their way through this process.

Second, the parent needs to work cooperatively with the school to ensure their student gets the necessary services to be successful in school. But sometimes the schools are not responsive to providing the services needed. There can be several reasons for this problem:

• The school is not recognizing the signs of a learning disability in a student that trigger their Child Find duties.
• The administration is not understanding the need for the specialized instruction and their obligation to provide the specialized instruction necessary to support the student with the tools necessary to improve the student’s performance.
• The classroom teacher is not qualified with the specialized teaching skills necessary to be effective, as required by law.

Any of the above scenarios creates conflict. When the parents and schools are locked in a conflict, it often gets in the way of solving the problem and addressing the student’s needs.

Advocating On Your Behalf

Windsor Law LLC is skilled in working cooperatively with the schools to help you get the proper match of services to learning needs while at the same time fostering a positive working relationship between parents, students and the schools.

Because as many as one-third of our student population has some form of a learning disability, many students or their parents do not even know the problem exists. For any student, just getting through school is tough. But for a student with an undiagnosed learning disability, it is nearly impossible.

If you are the parent of a student struggling in school, consider letting us help you obtain an accurate diagnosis for your student to see if they qualify for services under the IDEA or ADA. Then let us guide your student to using the necessary strategies to be successful in learning the material. This powerful combination gives your student their best opportunity for success in school.

Frequently Asked Questions About Students With Learning Disabilities

You have questions, and you deserve clear answers. Below are the questions Sarasota parents ask us most about their child’s rights under Florida’s exceptional student education (ESE) laws.

Are parents legally allowed to bring an independent advocate or attorney to ESE meetings in Florida?

Yes. Both the Individuals with Disabilities Education Act (IDEA) and Florida’s ESE rules give you the right to bring outside help to any IEP, 504 Plan or eligibility meeting at a Florirda public school. You can bring a private learning specialist, an educational advocate, an independent evaluator, a therapist or a lawyer.

You do not need to give the school advance notice, but telling the school’s ESE coordinator ahead of time is a smart move. It gives the district time to have the right people in the room and prevents unnecessary delays.

What is the legal timeline for Sarasota County Schools to evaluate a child for a learning disability once consent is given?

Once you sign written consent for an evaluation, Sarasota County schools or any Florida school has 60 calendar days to complete testing and decide if your child qualifies for services. School breaks such as Thanksgiving, winter and spring recess and summer vacation do not count toward those 60 days. Days when your child is unavailable for eight or more school days also do not count.

When you submit a written evaluation request, the school has 30 calendar days to respond. It must either give you the consent forms to begin testing or send you a written explanation of why it will not evaluate your child.

What happens if a Florida school seeks to suspend a student with an IEP or 504 Plan?

Federal law requires schools to hold a special review meeting before removing a student with an individualized education program (IEP) for more than 10 cumulative school days in a year. Schools call this a manifestation determination review (MDR). The school team and parents sit together to determine whether the child’s disability caused the behavior or whether the school failed to follow the child’s IEP.

If the team finds a connection, the school cannot suspend or expel the child. Instead, the school must conduct a functional behavioral assessment (FBA) and create or update the child’s behavior intervention plan (BIP).

Struggling? Let Our Determined Attorneys Provide Answers.

We understand the challenges of having a student with a learning disability. Speak with us about your educational legal matter in a completely confidential consultation. Call 941-487-7527 or request an appointment by email.