Practice Areas
Tyler has a general practice with a focus on the following areas:
Special Education: The Individuals with Disabilities Education Act (IDEA), guarantees individuals who are eligible for special education services a wide range of protections. Situations where a school may be in violation of this federal law include:
- Not including parents in the Individualized Education Plan (IEP) process
- Not providing a level of education services that meets the student’s needs
- Taking disciplinary action against a student without determining whether the behavior was a manifestation of the student's disability
- Providing education services in an environment that is too restrictive
- Failure to evaluate and identify a special education disability
- Changing a student's placement without using the special education decision making process
- Failure to pay for Independent Education Evaluations
Disability Based Discrimination: Section 504 of the Rehabilitation Act and the Americans with Disabilities Act are both federal laws that prohibit schools from discriminating against individuals with disabilities. Ways that some schools violate these federal laws include: - Failure to evaluate a disability
- Failure to develop an accommodations plan (504 Plan)
- Failure to make sure that staff members at the school are familiar with the accommodations plan and takes appropriate steps to implement it
- Failure to take appropriate action when a student is being bullied because of a perceived disability
Sexual Harassment and Discrimination: Title IX of the Education Amendment of 1972 requires schools that receive federal funds to take actions to stop sexual harassment and discrimination. It is not uncommon for these behaviors in schools to occur through bullying. Ways that some schools violate this federal law include:
- School staff members failing to adequately investigate reports of bullying or harassment
- School staff members failing to develop a response plan that is likely to stop bullying or harassment
- A school permitting bullying and harassment to become so severe that it interferes with the student's learning.
Student Injury-School Negligence: When a student has been harmed at school, this can be a very serious breach of trust to a child, family, and community. Additionally, schools have a legal duty to protect students from harm while the student is in their care. This duty also extends to entities that work with schools such as transportation providers. If your student has been harmed, it is important that you understand your rights and seek legal advice on how to move forward. In some cases the law allows for individuals to recover medical costs and expenses associated with pain and suffering.
