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If a child comes all the way through school until 18, and later diagnosed dyslexia goes undetected, could you sue the education board/School? Do teachers have any accountability- morally or legally?

2007-09-04 11:18:01 · 7 answers · asked by Gem Gem 5 in Education & Reference Special Education

The reason I ask this question is because I know someone who was labelled a 'trouble child' at school, (when it was sheer frustration) scraped by with minimal qualifications and then voluntarily left college because of trouble with reading and writing.

2007-09-04 22:18:26 · update #1

7 answers

If the problem didn't affect the student's work enough to be detected in submitted work, then the teachers never had any reason to believe there was a problem. Therefore, they are not accountable in any way.

It is the student's responsibility to tell people about the problem, and the parents' responsibility to find a solution.

2007-09-04 11:27:08 · answer #1 · answered by Anonymous · 4 0

It is very unlikely that you would win your lawsuite. Just because a person has dyslexia, it does not guarantee them special education services. There is a process that you must go through in order to receive these services. First, one of your childs teachers would have needed to refer him to what is often called the Student Support Team. This team would have then met and decided on necessary interventions to assist your child in the classroom. Then, if these interventions were not successful, he would have been referred for testing. Not all children with dyslexia fail these tests.
Regular Education Teachers are responsible for referring children who are struggling in the regular classroom. However, I hate to see it, but many teachers do not want to take the time to fill out the necessary paperwork, so they will basically do what they can with the mindset that maybe the next teacher will take care of it. This is not most teachers, but I do know of this happening. Personally, you would think that somebody that chose a profession that puts them solely responsible for the education of children would feel morally obligated to help every single student by any means necessary. However, this is obviously not the case. As with any field, there are the good teachers and then there are the bad teachers. To top it off, you have the absolutely horrible teacher pay with the ever raising standards of education. More and more work is being placed on teachers, and they are becoming overwhelmed. Not to mention that many of the college programs do not properly prepare regular education teachers for assisting children with educational and/or behavioral/emotional problems.
I am no lawyer, but I very seriously doubt you have a case. So many children slip in between the cracks year after year. I would say that you should have likely brought this up and fought tooth and nail for testing long before your child reach the age of 18.

2007-09-04 19:58:31 · answer #2 · answered by Shawn 2 · 1 0

It may be possible you had 20-25 lousy teachers in 18 years...however you may be living in a state which considers it a medical diagnosis--which puts it out of the teachers hands. Dyslexia is not diagnosed in many schools.
There claim to be home tests, on the Internet, but I know my district won't "label" or test. Does that make ME a lousy teacher??? Why is it I have parents asking me about it before their kids are 18? I have had many kids whom I felt fit the diagnosis but I am not allowed to tell the parents that. Sue your special ed department but for heavens sake realize your special ed teachers have to follow the guidelines their district sets for them.

(Back in my day, no one knew about dyslexia and I never knew what I had until I was in graduate school.Hasn't kept me from getting a PhD..)

2007-09-05 02:20:34 · answer #3 · answered by atheleticman_fan 5 · 0 0

Why would you want to sue? if money is your motivator, shame on you! From pre-school until high school graduation someone must have indicated to you that there was a problem. Did your child receive basic skills instruction or other remedial services without classification? I think some facts are missing here.

2007-09-04 20:21:03 · answer #4 · answered by teachersaildog 2 · 2 0

As a parent, it surely is disheartening when your child is diagnosed with dyslexia. Regardless of the age of diagnosis there are many issues and questions to answer. The best investment of time and emotional energy is in providing support and guidance to your adult child. There are fantastic resources available to individuals with dyslexia. Best wishes to you.

2007-09-04 23:39:42 · answer #5 · answered by Susan 1 · 1 1

no. the parents should be aware of it as well. if the child graduates, then he/she is not severe enough to be held back. they must have found a way to cope with the disability.

my husband had a learning disability from a skull fracture at the age of 2. his showed up at an early age, and he was held back. he was helped by the school AND his parents.

2007-09-04 18:26:09 · answer #6 · answered by Anonymous · 2 0

No ........ and dyslexia is not a disability i have had it all my life and i am a collage grad CNS. You have to understand it.

2007-09-04 18:30:30 · answer #7 · answered by Anonymous · 2 0

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