How do I find sue a public school for denying my son who has ADHD a safe learning environment?

Question

Thank you for all the information that was included in the answers to my last question. The fourth grade teacher at my childrens elementary school has made poor choices that have resulted in our family having to take our son and daughter out of the elementary school. This is the second time that I have had to take them out because of the atmosphere. The first time was because she hit my son with a social studies book, and for not adressing bulling issues, for the gossip about my sons learning disability, and for improper comments made in front of classmates. We have tried to talk to the supertindant who has not addressed the issues. Our next step was to file ethics violations. What should a parent do who is in this situation of not feeling like the school was safe for the children due to the teacher and leadership of the school. My son has ADHD and is on an IEP and we as parents have tried to provide a better way one that has worked for him. What do I do about legal rep?

Answer 1

Depending on what state you live in and the education statues, it sounds like your civil right are being violated. Call your local chapter of the ACLU, they should be able to help you.

Answer 2

The IDEA 2007 addresses this. The proper steps to take are to first file a complaint with the state. If they find in your favor or not, you are then free to file a civil suit against the complainant. In your case, this would be the teacher, the principal, the superintendent, and the school district. You will have to hire an attorney that specializes in special education law. The ACLU will not take on this kind of case. The free attorneys that you can get in some areas will not take on this kind of case. You will have to come up with the money to pay the attorney.

Answer 3

There are several ways to handle this without having to sue, which is expensive and a last resort.

During your son's IEP meeting, you were given a booklet called Procedural Safeguards. If you have not received this or have thrown it away, go to the school and get another copy. This booklet clearly outlines the steps you should take if you do not agree with the IEP or the practices of the school.

The first thing that you need to do is get your child in a school and immediately call for a new IEP meeting. They have 10 days to schedule it. Before the meeting, make a list of the best ways to work with your son and take it to the meeting.

During this meeting, there will come a time when modifications and accommodations to instruction will be addressed. At this time, go through your list and have at least the most important ones listed on this page. If your demands are reasonable, then there should be no problem with having them included in the IEP.

If you feel your demands are reasonable, but the IEP team refuses to put them on the IEP, then whip out your Procedural Safeguards booklet, which you have read front to back and tell them you are going to file for a "Due Process" hearing and calmly leave the meeting. File for due process and go before and administrative judge with your list. You may or may not want to have a lawyer at this proceeding. I suggest you go to the Wright's Law website to decide this issue.

If the IEP team does put down your most important accommodations, then you have a legal document outlining what the school and the teacher must do to accommodate your son's disability. It will be the cornerstone of any lawsuit you choose to bring at a later date if the school fails to implement them.

Getting proof that accommodations are not being given will be your biggest obstacle. If your son starts to have similar problems, ask to observe the class for an hour, to see if they are providing what he needs.

Now, we have come to your part. If your son misbehaves at school and it is not a result of a problem with the school, make sure you have an open line of communication with the teacher. Ask to have a note about his behavior every day. If he has a good day, let him do a special thing or have a small treat. If he has a bad day, eliminate TV or something for that evening. Do this consistently. By the way, make sure the home note is listed on the accommodations page.

Having been is schools for many years, I know it takes two to tango, so make sure that you listen to both sides of a story. It will be very beneficial for your son to know you are working with his teacher so that he can't pit you against each other.

Answer 4

There should be a legal aid office in your area. Contact them.Or possibly the American Civil Liberties Union. But one important thing to do, DOCUMENT every problem you had with the school, names dates and results. Keep records of any witnesses if you can. I went through a similar situation with a teacher at my grandsons school and she tried to turn the tables by reporting me to CPS for neglect. We proved her to be lying with the help of doctors, neighbors, school bus drivers and other teachers but it wasnt easy. Protect yourself! and good luck.

Answer 5

Gosh I hope that you are not one of these parents who refuse to medicate your child.  It sounds as if he is one of those ADHD kids who has extreme social difficulties because he is just so hard to live with.   Before you start to sue school systems, please make sure that you are doing everything you can to give your son a chance to fit in.