Under the federal Individual with Disabilities Education Act, every child has a right to a Free and Appropriate Public Education, but sometimes it takes the support of a lawyer to make sure that happens. That was the case with Justin*, a seventeen-year-old foster youth who could not read or write and Clara*, a thirteen-year-old girl who was prematurely expelled from her therapeutic special day program. With help and expertise from our education rights attorneys, both students now have access to adequate and supportive educational environments and the opportunity to learn, grow, and reach their fullest potential.
At the age of seventeen and in foster care, Justin, was not able to read or write. His foster parents reached out to the Law Foundation for help. Despite qualifying for and receiving special education services since the age of eleven, he was never given the structured literacy program that is required to address his dyslexia. As a result, Justin failed classes, was behind on school credits, and struggled with school attendance and work completion. His foster parents contacted the Law Foundation and our attorney, April, filed a complaint against his home district in October of 2023, requesting compensatory education to make up for his learning losses. In December of 2023, she and co-counsel attended a mediation with the district and reached a life-changing settlement for Justin and his family. The district agreed to fund $45,000 in academic tutoring, specifically designed to address dyslexia. They also agreed to independent educational evaluations for psychoeducation, occupational therapy, transition, functional behavior, assistive technology, and additional assistance with his transition from high school. We are thrilled that this student is being given the full opportunity to access his education and set himself up for the future.
Clara’s grandmother began working with us after the thirteen year-old was expelled from her therapeutic special day program for bringing a knife to school. Rather than providing support to Clara, who had survived years of trauma, depression, and anxiety, the school district pushed her out and left her at home for months without any services. In mediation with the district, our attorney Enne Mae and co-counsel got a settlement for $18,300 in compensatory education services including counseling, tutoring, reading programs, placement in a therapeutic non-public school, an independent psycho-educational evaluation, an assistive technology assessment, transportation to school, and the clearing of the expulsion from her record. Clara now has access to the tools she needs to succeed in school and build a bright future for herself.