Success Story

Meggan needed help after her son was wrongly expelled from school. Meggan’s son is a child with disabilities and has a behavior support plan in place designed to help adults best respond to deescalate the situation.

Instead of following the plan, the school expelled Meggan’s son for demonstrating the exact behaviors caused by his disability. This is the same as punishing a child for having a disability, which is not legal. After her son was expelled, Meggan felt helpless. He was receiving only one and a half hours of tutoring a day, with no math instruction at all. Meggan appealed to the district, but they denied any wrongdoing.

Luckily, Meggan found legal aid and her lawyers dug into her case right away. They discovered that, for years, the district had not followed special education law regarding her son. The district had him in a special education class and on a shortened school day schedule without identifying him as a child in need of special education services, which would trigger procedural rights and accountability.

Legal aid filed a complaint against the district, and they rescinded the expulsion. Meggan's son could finally go back to class. Legal aid also negotiated compensatory education funds for time missed in class, which will cover the costs of summer camps and tutoring. The district also agreed to train staff on their Individuals with Disabilities Education Act obligations. This outcome not only had a profound impact on Meggan and her son, but will set up other students for future success.

Meggan expressed her gratitude for legal aid and said she “went from feeling helpless and unheard to being strong and heard.”