My child has autism. I believe the new florida law violates his rights under ADA because it forces the school to grade

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Customer: My child has autism. I believe the new florida law violates his rights under ADA because it forces the school to grade him on the same level as regular children, and therefore, because he cannot function as normal kids, he cannot score a grade above a D.
JA: Have you talked to a FL lawyer about this?
Customer: No. I don't even know where to start
JA: What steps have you taken so far?
Customer: You are my first atep Step
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Just that the school sent me an email stating that he cannot receive a score above a D because he cannot function independently
Answered by Elizabeth in 30 mins 2 months ago
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Elizabeth
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Elizabeth
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Elizabeth, Expert

Welcome and thank you for using Just Answer. My name is ***** ***** I'm the attorney who will be assisting with your legal question. So I can best help, your child has an IEP?

Customer
Hi
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Elizabeth, Expert

I've seen FL's new adjustments to keep up with NCLB; however, why can't he have above a D? Or are they referring to his assessment?

Customer
We just got his report card and it is all D grades. We inquired to the school and they said the new law required that. And this is what they said also...
Customer
Gabriel requires a lot of assistance from staff as well as hand over hand to complete the majority of his work. This means he is not doing the work on his own and therefore we cannot grade his work as independent work. A student cannot earn a C or higher, which is meeting grade level expectations, if a student is not able to work independently.
Customer
Toe this would be no different than a child who can't use their arms. They need assistance too. Does that mean they get all Ds also?
Customer
To me
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Elizabeth, Expert

He also is entitled to assistance, and I agree, that isn't right. If a blind child needs someone to read, also a D? And how is that allowing him to be on the same standard as his peers?

Customer
Exactly. Of its the law I want to challenge the law. If it's the school district I want to challenge them. If it's the school I want to challenge them. Any way if goes my child deserves to be treated fairly. But I don't know the law well enough to know what it what with it.
Customer
All I do know is that the law says K-2 are not eligible for the Florida Access Points program.
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Elizabeth, Expert

I'm not seeing anything demanding a child be granted a D. Did they provide you the statute?

Customer
No
Customer
We have a conference with them next Friday. They did send me a pdf about it but I can't text that
Customer
I can forward you all of the emails
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Elizabeth, Expert

If you use the app, you can attach the PDF. Since I'm not seeing anything in the statute. You can also reach out directly to the DOE civil rights department.

Customer
Let me get on the app
Customer
how do I upload a pdf
Customer
I'm in the app
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Elizabeth, Expert

You should see a paperclip.

Customer
it's a PDF from the School District
Customer
no. there's a way to attach a picture but no paperclip
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Elizabeth, Expert

You can email it to me.***@******.***

Customer
I emailed 2 emails to yoy
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Elizabeth, Expert

It's their policy, based on Florida wanting standard based grading. So based on their letter, here's a question, what exactly are they doing to bring your child up to proficient. If the IEP isn't enough, then something else needs to be done.

Customer
That's what I have been saying.
Customer
They're telling me that until he gets into 3rd grade they can't do anything like that because K-2 doesn't qualify for Acfess Points
Customer
Access
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Elizabeth, Expert

But it still says they're going to support his learning via the IEP and if more is needed to modify.

Customer
I agree. I'm just not sure how to approach this or what I can tell them next Friday
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Elizabeth, Expert

You can ask them exactly how they plan on ensuring your child is at grade level with their accommodations. Ignore that it's a D. Because they also say grades wouldn't prevent him from going on to the next grade. That D means your child has below basic comprehension of the material, so exactly what has happened fro that to occur, and what needs to be changed so they can finally start learning properly. Because it's on them to help your child learn.

Customer
Ok. Thank you so much for your help.
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Elizabeth, Expert

You're very welcome.

Customer
I just read something that refers to the state law, and THAT is what I think is illegal
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Elizabeth, Expert

The state law is their attempt to bring FL into no child left behind, that does not require a D though.

Customer
it states the following:Students with significant cognitive disabilities will use Access Points to enable them to access the general
education curriculum at the appropriate levels. Embedded into the Florida Standards, Access Points reflect
the core intent of the standards with reduced levels of complexity. The curriculum is modified. Modifications
are changes in what the student is taught and tested on and means that the student with a disability
is participating in less complex learning standards than those of the general curriculum.
Customer
However, the law does not allow the student to be in the Access Points grading system in grades K-2. So those kids have to be graded according to the Florida standards. And if they don't meet the standards they are given the D or failing grade.
Customer
children in grades K-2 that have disabilities are being discriminated against. Right???
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Elizabeth, Expert

So sorry for the delay, yes I agree since otherwise, they are not given the support they need.

Customer
I'm wanting to learn how to get am attorney to challenge that law in court
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Elizabeth, Expert

https://www.avvo.com is fantastic for an education or civil rights attorney.

Customer
Thank you
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