Legal Question in Disability Law in California

My son has been diagnosed with ADHD, inattentive type, for about 3 years now. For the past 2 years we having been "fighting" with the school to get a 504 plan we were never able to get it but when I got the district charter school person involved the school agreed to put a SSt together and make modifications in the classroom, we signed and off I went. The school never followed anything that was proposed on the SST and when I asked for a review they told me it wasn't necessary because my son does not have bad grades, although he has anxiety and has a really hard time focusing and all other inattentive symptoms. He has a new doctor now who thinks my son no longer needs a 504 but an IEP. I have formally requested the IEP and received no answer from the school. I came to find out that there other children in the classroom/school with IEP and 504s and even the teacher agrees that my son needs it and he doesn't know why is been such big deal to give my son what is being requested. My son is the only African American child in the classroom and one of the very few in the whole school. It's hard for me to believe this in the year 2013 but could he be being discriminated because of his learning disability and the color of his skin? What should I do next? Thank you for your time.

Asked on 3/06/13, 4:50 am

1 Answer from Attorneys

Paul A. Swiller Tot Law


Unfortunately, federal laws and regulations do not provide for a timeframe within which an IEP evaluation must be undertaken following a request such as yours'. However, the evaluation must occur within a reasonable period of time, and I would have expected to hear from the school within 15-30 days from your initial request. If your request to the school was not in writing, I would follow-up with a written request via certified mail so that there exists a record of your request and the school's receipt of that request.

Hoping for the best,


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Answered on 3/06/13, 11:14 am

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