Education Legal Questions

File a notice of claim against the school district immediately- you have 90 days from the time of the incident to do so, and you want to include as many of these incidents as possible- including, if there is time, the one from the end of school last year (I assume that was the end of June.). The seatbelt buckle incident sounds like an accident but it was still a huge failure of the school to supervise the child who did that on the schoolbus.  This course of abuse is way beyond bullying. Your child is being subject to repeated injuries and his welfare is in serious danger. Call the school principal and demand an immediate meeting and find out the identity of the children who injured your child, and demand to know what the principal is going to do to stop the continual  injuries to your child. The school and the parents of the other children must be held accountable. Additionally, if your child continues to suffer injury after injury and you don't do anything about it, YOU could ultimately be held liable. This is first and foremost YOUR problem. You are your son's parent and legal guardian, and a guardian must be a protector. You say you've let this go on for two years, and that is way too long.   ... Read More

Based on what you wrote in the question, I'm not sure that the alleged actions reach a level that should be reported.  Its difficult to say from this question.  has the issue been addressed with the person who allegedly did the ridiculing?  Or with the school administration?  That should be the first step. Good luck !  ... Read More

You will have to file a complaint with the Department of Education asking for Due process.  You will be asked whether or not you want the matter to go to a mediator, and you should do that.  You did not mention whether or not your daughter has an IEP. If she does not have and IEP or a 504 plan in place, demand that she get tested by a psychiatrist/psychologist as to the school anxiety and PTSD issues.  Good Luck.  ... Read More

You may have an action against the school for negligence, but if it was a public school you had 90 days from the date the school first told your prospective employer you had no diploma to serve a notice of claim on the school district. If this happened more than 90 days ago and no notice of claim was served on the school district, the case is barred by the statute of limitations. ... Read More

The teacher or paraprofessional should not put his or her hands on your daughter.  You should have some reassurances from the school that either the person involved was removed, or will not be working with your daughter anymore.  If your daughter was not injured, and she's already receiving special services, i'm not sure what additional case you would have against the school. ... Read More

In order to preserve your legal rights you must serve a notice of claim on the school district within 90 days of the incident. You can then investigate whether this was a one-time incident or whether the teacher has a pattern of abusive behavior. You might have a case. If you do the lawsuit needs to be filed within one year and 90 days of the incident.... Read More

If you send a child to a public school, but pay for that school as an out of district placement, then the school is treated as a 'private school".  The school does not have to provide special services for your child. You should discuss all of this with the adminisntration before agreeing to send your child there.  ... Read More

Private schools do not have to follow State regulations.  If the school has a policy of zero tolerance, and the policy is to expel any student that is found in possession of drugs, then the school can follow that policy.  In the public shcool, it might e a first offense, and it might not result in expulsion, but a private school gets to make their own rules. ... Read More

There's really not enough information to answer.  Private school or an out of district placement only really occurs when the district cannot provide a free and appropriate public education within the district.  In many cases, there may be another school within the district that could accomodate your son.  For example, if there is more than one lementary school, he could be transferred to a different school within the district, but not the one he should be attending.  Having ADHD is difficult, and getting bullied is awful, but that's usually something the District is going to address "in house".  ... Read More

The school must do a manifestation determination - that means there has to be a meeting and determination that your son's behvaior is not a manifestation of his disability.  If this has not been done, ask the school to do it.  You may be better off with an IEP - Indivdual Education Plan - instead of a 504 - but that will depend on what is happening with your son. ... Read More

I have handled complex special educations in Douglas County. This area of law is complex, involving state and federal regulations. In addition knowlege, the attorney must be able to guide you throgh the maze of writing and developing an effective ND Appropriate educational plan. I would be happy to talk with you concerning you concerns about your child in Douglas County. Feel free to call me at 303-289=8008. School's have written policies prohibiting disability discrimination. If either is occurring after you have given notice to the school, you may have the right to sue. However a suit against a public administration requires that you file a notice of intent to sue within 180 days of the incident complained of. A suit against a school district requires experience and a will not to give up. Do not treat this as legal advise about your case, because I do not have sufficient information cancerning your matter.Act quickly. If you need assistance, please feel free to call 303-2890-8008.  ... Read More

It sounds as though you acted completely appropriately in stopping the student from eloping. Enduring physical abuse by a violent student should not be a part of your job description. Put your concerns in writing to the dean and ask for another meeting to discuss the protocol for dealing with this student, and insist that the protocol be reduced to writing. If you are assaulted in the future you may have an action against the school for personal injury and negligent supervision since the dean is on notice of the student's violent tendencies.  ... Read More

I am an education attorney. Truancy laws require regular school attendance, unless the child can be proven to be emancipated or for other explanable extraordinary circumstances. You will need to discuss the facts in more detail for a more appropriate response. Call 303-409-702. This is not legal advise, as I do not have sufficient information and you have not retained this office by this response.   Derry Dale Sadler... Read More

I'm not sure if you want the classificiation over turned, or you want changes to the IEP.  If you don't want your child classified, then you need to start with the supervisor of special education.  If there is a problem with the IEP, start with your case manager.  Discuss the problem with the IEP, and see if you can come to a resolution.  If you cannot, you can apply to the Court for Due Process.  Look up the book of parents' rights known as "Free and Appropriate Public Education".  Good luck to you. ... Read More