Legal Aid May Be Able To Help Students Struggling With Schoolwork, Suspensions

Being a parent is not an easy job, but it becomes more complicated when a child is having problems in school. If a child is struggling with schoolwork, continuous suspensions or other issues, they may need additional support. Requesting an evaluation for an Individualized Education Plan (IEP) from the school can help determine what, if any, additional help a child may need.

“What we would recommend a parent do is to communicate with the school, preferably in writing with the date on it, asking that their child be evaluated for an IEP,” said Emily Adams, a Staff Attorney in the Health & Opportunity Law Practice at The Legal Aid Society of Cleveland. “That doesn't necessarily mean that a child will qualify for an IEP, but a full evaluation will be able to kind of get a picture as to what's going on with a child academically and behaviorally.”

Under Ohio law, a school has 30 days to respond to an IEP evaluation request. Because many parents find it hard to get a response to an evaluation request, keeping a dated copy of the written request for an evaluation would prove that a request was made and how long it's been since it was requested.

An IEP evaluation looks at the child as a whole. It tests all the areas of a child’s suspected disability. This could include evaluating the student’s cognitive performance, reading, writing and math skills, as well as social and emotional skills. The IEP evaluation could also include testing a student to determine if they need occupational, speech, or physical therapy. Once it’s established that the student needs additional support, the school would be able to provide it. The IEP is designed to fit the individual educational needs of the student.

“Let's say a child is behind in math or reading and their disability is making it harder for them to learn those subjects. If the evaluation reveals that the student qualifies for an IEP, the school will implement one with targeted interventions for the child in reading and math. This means that the child will receive specially designed instruction tailored to address the specific things they are struggling with,” said Emily. “The IEP could also provide accommodations if a child needs it, such as the teacher giving the student more time to complete a test or homework.”

A disability does not have to be academic.  It could be identified as anything that interferes with a student's performance at school, including mental health or behavior problems. 

“If a child has multiple behavior referrals, suspensions or expulsions, it could signal that an evaluation is needed and that the student might be eligible for an IEP,” Emily said. “The IEP could then provide specially designed instruction for the student to learn things such as coping skills or executive functioning skills.”

Do you have a student that is struggling at school? Legal Aid may be able to help! To apply for assistance, call 888-817-3777, or complete an online intake 24/7 at lasclev.org.  

Tonya Sams is the Development & Communications Manager at The Legal Aid Society of Cleveland.

Tonya Sams

Tonya Sams, Development & Communications Manager at The Legal Aid Society of Cleveland.

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Volume 21, Issue 2, Posted 11:08 AM, 01.23.2025