Q & A: School reports you, sue for harassment?

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

Question:

My son has an autism spectrum disorder. He has problems, and is not in the appropriate special ed class, despite a request to change. He has had CPS called because of issues that are related to his problems, more than once. He has trouble with appropriate urination, which is common in autism, and he has had times where he has been told he stinks even though he has showered and his clothes directly from the dryer. They say it is cat pee, and while we have cats, this isn't the problem. I do everything I can to make sure he doesn't "smell" before he leaves. This isn't the first time they have called, despite my discussing his issues beforehand, and I believe that some of his other harassment including excessive use of time out room are because the teacher doesn't know how to deal with him.

Answer:

The short answer is yes, you can file a harassment claim.  The real question is, should you?  First, schools have an obligation to call CPS if they suspect a problem.  Courts will give this obligation a lot of deference.  Courts give schools a lot of deference in general.  Also, since your child may have difficultly expressing himself, the school may feel an investigation is even more necessary.  That said, I understand how insulting and frustrating a situation like this can be.  Unfortunately, your story is quite common.

In my opinion, your real focus should be your son's education.  If I had to pick a battle to fight, I would begin fighting for him to be in the appropriate class.  If you sue the school, you risk creating an even more adversarial relationship with the school, and the school may in turn, automatically disagree with your requests for placement.

I recommend that you consult a special education attorney.  You can find one via the Council of Parent Attorney and Advocates (www.copaa.org).

---