This question was originally posted on www.avvo.com.
Question:
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). They have repeatedly said they would call, set up a hearing, etc., but none of those things has yet happened. He has just been suspended for 10 1/2 days. How to we proceed with a grievance, and what type of lawyer would be able to represent us in this situation?
My Answer:
You need to talk to a special education attorney. You can find one via the Council for Parent Attorneys and Advocates website (www.copaa.org). There are special legal protections for children whose disability causes inappropriate behavior. These protections only apply if the team decides the behavior was a manifestation of the child's disability. There are also rules regarding transferring a 504 plan from the old school to the new school. A special education lawyer can also help you with this issue.
Q & A: School Discriminating Against Child with ADHD?