Should i or can i file a law suite on a school for discrimination on a kid cause of disability?

Question

my son,s have disabilities and there school has no handicap accessability. they have been asked to accomadate my kids with an iep and 504 plan, which they haven,t. they have taken all there extrataricular classes away and placed them both in tabs with all the problem kids. they are isolated from there friends and miss there classes.they don,t even send there work to them half the time. is this concidered discrimination?

Answer 1

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Answer 2

You could file a law suit, but you have a lot of steps to take before they would take it seriously. 1. Call an IEP and say that you either A do not agree to the current placement or B that you feel the IEP is not being implemented appropriately.  Consider hiring an advocate to help at the IEP to make your voice heard if you feel you are not being understood or taken seriously. Ask that your child be returned to the previous placement or be specific with what you think needs to be done for your child's needs to be met. Put things in writing.

2. File a complaint to the state department against the school stating that the IEP is not being implemented. Procedures for doing this should be on the copy of your child's rights that are provided at least at each annual IEP meeting. If not call and ask for another copy of your rights.

3. Higher an outside independent educational evaluation so that a third party can assess your child's needs and whether or not they are being met at school. This person should observe your child at school to help determine what is being done, what is not being done and what is needed. You can request this at the school districts expense once have that conducted their own assessment and you disagree with it.

4. Now if things are still not running as they should according to your outside people and IEP you will have the evidence and witnesses for hiring an attorney who can look at the next steps.

Lots of information at

www.wrightslaw.com

Answer 3

Well you can surely try. In the United States you can sue for almost any reason. Go for it and good luck.

Answer 4

This is definately discrimination. Yes, you can file a law suit against the school. You can do it through the Dept. of Education where you live. But there are forms to fill out and it takes them time. So the best way to go is to contact the nearest Americans with Disabilities Association office. They often have pro-bono attorneys to help. Wheelchair access is a federal law. The change in classes is a "change in placement" which must be done via an IEP, noted changes added to the NOREP, and agreed to by you with your signature on the paperwork. I will also caution you that once the district gets wind of any legal action they will either bend over backwards to get it right or they will try to make your life more miserable. I've been down this road with both my sons.

Answer 5

1) You may not even need to file suit. Just tell the school board the you are planning to if they don't make accomodation. That alone may be enough to get their attention.

2) Most lawyers will give you an initial visit for free.. Chances are, some lawyer will see dollar signs with this sort of thing and take on your case on contingency. The contingency condition means that you don't pay unless you win, but it also means that the lawyer makes most of the money if you win. So if you are more after getting your son's education taken care of and you don't care about a damage award, this might be the way to go.

Answer 6

You will have to document the disability.  It is unlikely you can go with discrimination.  Section 504 is clear that schools must search out disabilities.  If the school has not given an IEP then they are in violation.  You should call your local disability advocacy group.  By law, each state must have one.  It is an independent law firm.