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school cheated on state tests

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I

Ineedfreeadvice

Junior Member
What is the name of your state (only U.S. law)? Delaware


Two years of problems with school, and denying our son's multiple disabilities. Last straw was they used a scribe (didn't tell STATE DOE), and he embellished our son's answers. Son didn't even see what he wrote. We went to review tests yesterday, and found out from our son the scribe played 20 questions all the way through the test.

Son has numerous evals saying he has a written expression disability equivalent to a third grader, but he did better than school average in writing (yeah, right!).

He has suffered teacher harassment b/c of his disabiity, and was dx with Post Traumatic STress Disorder.

Anyone know if we have grounds for a civil suit or otherwise?

Thank you
 


S

seniorjudge

Senior Member
Ineedfreeadvice said:
What is the name of your state (only U.S. law)? Delaware


Two years of problems with school, and denying our son's multiple disabilities. Last straw was they used a scribe (didn't tell STATE DOE), and he embellished our son's answers. Son didn't even see what he wrote. We went to review tests yesterday, and found out from our son the scribe played 20 questions all the way through the test.

Son has numerous evals saying he has a written expression disability equivalent to a third grader, but he did better than school average in writing (yeah, right!).

He has suffered teacher harassment b/c of his disabiity, and was dx with Post Traumatic STress Disorder.

Anyone know if we have grounds for a civil suit or otherwise?

Thank you
Click to expand...

What are the child's damages?
 
Zigner

Zigner

Senior Member, Non-Attorney
Have you taken your child to an independent evaluator?

ETA: Does your child have an IEP in place in order to received special education services? What grade is he actually in?
You need to Google for special education resources. You do not have grounds for a "civil suit". You quite possibly have options under special education laws.
 
I

Ineedfreeadvice

Junior Member
yes, he has had an IEE, and all say he has a LD in writing. He is equivalent to a third grader in writing, but is going into the 11th grade.

This has been ongoing for two years with the school Son dx with PTSD from harassment related to his disability.

They refuse an IEP or spec ed b/c of state test scores. The state test scores are bogus (obviously).
 
Zigner

Zigner

Senior Member, Non-Attorney
Ineedfreeadvice said:
yes, he has had an IEE, and all say he has a LD in writing. He is equivalent to a third grader in writing, but is going into the 11th grade.

This has been ongoing for two years with the school Son dx with PTSD from harassment related to his disability.

They refuse an IEP or spec ed b/c of state test scores. The state test scores are bogus (obviously).
Click to expand...

As I said earlier, you need to have an independent assessment done. Seek the assistance of a special education advocate and/or attorney. You will not have to pay out of pocket for it. If they feel you/your son have a good case, they will take it and recover their fees from the school district.

I have been through this. I have 3 kids - all at or above genius level and all 3 have IEP's.

CORRECTION: Two have IEP's - my oldest just graduated HS, so no longer has an IEP ;)
 
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