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How do I pursue litigation for discrimination in the school against my son who has ADHD? My son is diagnosed with ADHD. We recently moved into a new state/school system. He is currently under a 504 plan, but the school refuses to follow it and issues punishments for actions that are due to his disability without any discussion with us (the parents).
A recent story from Portland, Oregon caught my eye. An occupational therapist is suing her former school district, claiming she was fired for reporting violations of special education law. The occupational therapist claims that her schedule did not permit her to service all children who needed it, as required by law. Instead, the school district allegedly told her to only service the students whose "parents are litigious." You can read the entire article here.
In June 2010, the United States Government Accountability Office (GAO) published a report that found that students with disabilities were not being afforded an equal opportunity to participate in extracurricular athletics in public elementary and secondary schools. The GAO emphasized that participation in extracurricular athletics provides important health and social benefits to all student, particularly those with disabilities. You can read the entire report here.
The Question
Parents and educational advocates often ask me what to do when a teacher is "bullying" a student.
Massachusetts' Bullying Law
Many people are surprised to learn that the Massachusetts Anti-Bullying law does not apply when teachers are "bullying" students. The Massachusetts Anti-Bullying law defines a "bully" as a "student," making it legally impossible for the teacher to be labeled a bully under this statute.
The U.S. Department of Education (DOE) recently published a report suggesting was for states and school district to increase opportunities for children with disabilities to participate in PE and athletics. The report is called Creating Equal Opportunities for Children and Youth with Disabilities to Participate in Physical Education and Extracurricular Athletics.
On October 26, 2010 the Assistant Secretary for Civil Rights Russlynn Ali issued a "Dear Colleague" letter to educators throughout the country. The purpose of the letter is to remind school officials that "some student misconduct that falls under a school's anti-bullying policy may also trigger responsibilities under one or more of the federal antidiscrimination laws enforced by the Department's Office of Civil Rights (OCR)."
Question: My daughter is in public school and is a diabetic. At the moment, the school nurse is insisting, and has had added to my daughter's health plan that a parent is required to escort her on all field trips. I thought the public school is supposed to make reasonable accommodations for persons with disability. So what if we can't go? Isn't discrimination if they leave her behind? I have every intention of hashing this out with them, however I'm just weighing my options in case they won't budge.
I feel like my child is being treated unfairly by his 2nd grade teacher what more can I do? I have made it clear to the principal and teacher that I'm not happy with the situation. I have asked for a classroom change, sat in class with my son and I am at a point where I just have to tell him to grin and bare it. He is ADHD and has had no efforts by the teacher to facilitate his needs.
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