While most children can work well within the public school system, kids with special needs require additional help to succeed academically. Unfortunately, not all school districts are equipped to handle students with a wide range of needs properly, and these kids often fall through the cracks without getting the specialized help they desperately need. Fortunately, parents of these kids have legal options when the school system fails.
Failure to Identify Needs
In Wisconsin, a class-action suit is underway to examine how Milwaukee Public Schools answers the call to students with special needs, according to a report in the . The lead plaintiff in this suit, Jamie Stokes, is a 16-year-old who reads at a second-grade level and writes at a third-grade level. The young girl has struggled in school since the age of five, but the district would not agree to test her until Stokes failed first grade for the third time. At that point, the district determined that Stokes suffered from developmental delays and required additional support.
Stokes's mother, Kina King, believes that if Stokes had received intervention services earlier, she might be on a more solid academic footing today. King told the Journal Sentinel, "If they gave her the help, she would have been better, not coloring books her sister in kindergarten is doing." Now, the MPS is facing the question of compensation for families with students who were not placed in special education in a timely manner.
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