The Law Office of Lillian E. Wong
A Massachusetts Special Education Attorney

This question was originally posted on www.avvo.com.

Question
My child's transfer into a school district has been denied due to excessive absences although they are medically necessary.  Can I do anything to force the district to allow my child to remain in this school?

Answer
You should contact a special education lawyer. You can find on at www.copaa.org. If your child medical condition is affecting his or her ability to go to school your child might require an Individualized Education Plan. Either way, the school should not discriminate against your child because of their medical condition. That said, you will need to speak with an attorney in your area and state that understands the nuances of local and state law. In the meantime, make sure the medical absences are well documented so the school doesn't pursue truancy charges against you and your child.

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.