BLOG
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).
For the first time in over thirty years, the nation's highest court has agreed to hear arguments about the level of educational benefit an IEP must provide in order to comply with the Individuals with Disabilities Education Act ("IDEA") and provide a Free and Appropriate Public Education ("FAPE").
Two years ago, I wrote a blog post explaining that the Massachusetts Anti-Bullying Law does not apply to teacher-on-student bullying. But as I said then, just because the bullying law doesn't apply in this situation, doesn't mean there isn't a remedy. Instead, students and parents must consider several different causes of action.
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.
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.
Question: My child has complicated issues and the district granted a 45 day placement for evaluation. I am not in agreement with what they have proposed. The 45 day placement is over and I wanted to reject their proposal to bring him back to district. I am told I have no stay put rights. Is this true?
Special education law is always changing. That's why the best special education lawyers and advocates never stop learning.
In order to better advocate for her clients, Attorney Wong attends conferences and connects with other special education experts.
On December 16, 2011 the State Director of Special Education, Marcia Mittnacht, issued a Memorandum advising against Procedures Lite for "legal and policy reasons."
Case Name: In re: Rick (BSEA #11-6535) Foxborough Public Schools
Decision Date: September 2, 2011
Hearing Officer: Raymond Oliver
Representation: Thomas Nuttall, School Attorney
Parents, Pro Se
Issue Presented:
Does school's proposed IEP provide a free appropriate public education (FAPE) in the least restrictive environment (LRE)?
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