• Blog
  • Wong & Boscarine LLC
  The Law Office of Lillian E. Wong

Special education Law Blog

Q&A: School Discriminating against child with ADHD?

5/2/2010

0 Comments

 
Picture
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.

0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

      Receive Blog Updates

    Subscribe
    Disclaimer
    Tweets by @lillianwongesq

    Categories

    All
    504
    Attorney
    Autism
    Behavior
    Bsea
    Child Find
    Compensatory Education
    Complaint
    Confidentiality
    Disability
    Discipline
    Discrimination
    Due Process
    Early Intervention
    Eligibility
    Evaluation
    Fape
    Ferpa
    Funding
    Goals
    Idea
    Iep
    Legislation
    Media
    Mediation
    Observation
    Parent Resources
    Parent Rights
    Placement
    Q&A
    Related Service
    School Choice
    Stay Put
    Teacher
    Transfer
    Transition
    Transportation


It is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.
Brown v. Board of Education, 347 U.S. 483 (1954)

)
The Law Office of Lillian E. Wong, LLC
15 Morningside Drive
Topsfield, MA 01983
978-561-9001 (P)
978-561-1591 (F)
lwong@lillianwongesq.com

  © 2018  by The Law Office of Lillian E. Wong LLC, all rights reserved.
Disclaimer
Photos used under Creative Commons from BLW Photography, Nomadic Lass, Andy M Taylor, christiaan_008, woodleywonderworks
  • Blog
  • Wong & Boscarine LLC