QUESTION
What type of attorney do I contact when my 7 yr old daughter has been kicked out of school for failing to speak to teachers due to her Slective Mutism
Asked on Sep 23rd, 2012 on Civil Rights - New York
More details to this question:
She was in Public School last year in 1st grade and didn't speak a word the whole year, probably because there were 30 children in class. So in September I enrolled her in Catholic school with only 14 children in class and she still fails to speak to teachers/students and is being discriminated because they say she is an obstacle and refuses to respond... meanwhile she is a very bright child getting 10/10 on spelling tests. Also, I feel that they did not give her enough time to warm up to new school, new children, only a week and a day, when even the regular child with no selective mutism takes more time than one week and a day to become comfortable in their new setting. I would like to know what her rights are as far as keeping her in that Catholic School because public school has way too many children for her personality and SM condition. Also
1 ANSWER
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Hi,
I'm sorry to hear you're going through this. I can't imagine this rising to the level of discrimination as she does have a disability that does in fact not allow her to keep up with the rest of the class. As a private institution, they are likely in their right to suggest she go elsewhere.
That being said, to answer your question specifically, you will likely simply need an "advocate." An advocate is an attorney that will simply be an ally for you and your daughter and help you attempt to get what you need. You will very unlikely find an attorney to take this case contingent (meaning you don't pay unless the attorney gets you something) or pro bono (meaning, for free or for charity) which means you may end up having to pay an advocate to fight on your behalf. Specifically what you need is an attorney in a "general practice", often found in store fronts or by word of mouth from community members, etc.
Of course nothing I said should stop you from trying to get an attorney to take your cases contingent or pro bono.
Best of luck to you and your daughter!
Evan H. Nass, Esq.(718) 775-3246Nass & Roper Law, LLP
Answered on Sep 24th, 2012 at 10:00 AM