Frequently Asked Questions

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Langer Law, P.A. Answers Your Questions

Maybe. You have the right to make a request to change an educational record if it is (1) inaccurate or (2) misleading but the district makes the final determination. If your request is denied, you have the right to a hearing. Authority: Amendment Of Records At Parent’s Request (34 CFR §300.618). The hearing is informal and handled internally. If the request is ultimately denied, then you have the right to supplement the record.

A 504 plan provides a list of accommodations that are needed so that your child can equally access the schools building, programming, activities, and curriculum. An IEP provides the same accommodations but adds the need for special education. To answer this question, what you need to determine is if your child is in need of specially designed instruction. Specially designed instruction includes the need to adapt the content, change the methodology, or deliver the instruction in a different way so that your child can access the general education curriculum and make progress. Let Langer Law, P.A. help you review the records and determine what kind of support and services your child needs.

The short answer is yes. However, the less serious the discipline, the less due process you have. Each school district handles discipline a little differently based upon the district’s code of student conduct. The codes and policies differ from district to district. However every school district is required to offer due process in all disciplinary matters and one of those rights is the right to appeal.

Guardianships and guardian advocates are needed when a person, over the age of 18, needs some support and assistance managing certain areas in their life. When a person turns 18, they automatically gain certain rights. Depending on the level of need – this will drive the decision regarding what type of support is needed. A plenary (full) guardianship is the most restrictive option. There are many options between no protection and a full guardianship. Contact Langer Law, P.A. to find out what, if any, protections are needed for your family member or loved one.

Legally a public school district can pay for private school placements. However, in Florida district’s generally offer the family scholarship funding rather than paying for a private school placement. This is a different from other states that commonly fund private school placements. In Florida, it rarely, if ever happens.

When your child turns 18, they are legally an adult. When you become an adult, certain legal relationships change. For example, when you turn 18, you gain the right to privacy and the right to control your financial and medical decisions. For a parent to have access to this type of information, the adult child needs to grant you permission to have access. An adult child can sign certain documents like a power of attorney and a Hippa waiver that will give parents access to their adult child’s information. Call Langer Law, P.A. to find out what your family needs.

This is a very important decision and will differ from family to family. Some families want an attorney to be a part of their child’s team of experts that is available to answer questions at any time. Some families will not reach out to a lawyer until something goes wrong. Some things that can go wrong include when a school district repeatedly disciplines your child, when the school refuses to evaluate your child, when a school refuses to provide goals or services in an area of need, when a school is attempting to change placement over your objection, when your child’s academic gaps are growing despite IEP services. These are just several examples. Please call Langer Law, P.A. if you need help determining if you need a lawyer.