Q & A: Student Working Hard but Not Receiving High School Credits

This question was originally posted by an individual in Oklahoma on www.avvo.com.  

Here is the unedited text of his question:

If a high school i am attending is clarly messing up my credits in orderfor e to graduate what are my rights?  I have been going to western heights in oklahoma since 2007..and they keep telling me i have thive me the help i need the same credits when i workhard to do what i need to.they keep switching me in and out and wont give me help i deserve

Here is my response:

Have you ever been evaluated for or identified as having a disability?  Do you have an individualized education plan (IEP)?  If so, your school is required by law to provide you with a free and appropriate education (FAPE), through special education and related services.  Special education is not a room or a specific program, but "specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability" and to "prepare them for further education, employment, and independent living." 20 U.S.C. §1401.  If you believe you qualify for special education, but have not been identified, you can request an evaluation.  You also may be entitled to compensatory education if you should have been receiving special education earlier.  Compensatory education is a legal term used to describe future educational services awarded to disabled students for the school district's failure to provide a Free and Appropriate Education (FAPE) in the past.

If you need help advocating for your child's special education rights, contact the Boston area law office of Massachusetts special education lawyer Lillian E. Wong.