Legal Question in Education Law in California

Is this a violation of ADA?

Hi. I'm a RSP teacher in California advocating for a friend who has a 2nd grade son diagnosed with ADHD and high anxiety issues. He is currently taking Concerta and Prozac. His high frustration levels have caused him to engage in aggressive behavior in the class setting (knocking over desks, spitting on faculty, etc). He has an IEP for RSP and counseling services. During his last field trip, the school informed my friend that her son could not attend unless a family member chaperoned. Grandfather offered to ride the bus with the student; however, the school said that they wanted the boy to have immediate transportation to remove him from the site should he act up. As a result, the grandpa had to drive his own vehicle to the field trip. Is this a violation of the ADA? We are currently awaiting results from the referral made to AB3632 to the Dept. of Mental Health and recent Psychiatrist visit diagnosed the student with ''autistic-like tendencies''. Parent is about to start student on Risperdal to deal with aggressive behavior, but student has not started the medication yet.


Asked on 6/15/09, 5:59 am

2 Answers from Attorneys
Natashe Washington Miller & Ngo

Re: Is this a violation of ADA?

It sounds like a violation of the IDEA because instead of requiring a service from the Parents, the District should be providing that service to the Student through his IEP. Sounds like they should have provided him with a behavioral aide if they think his behavior is so problematic - I would need to look at his IEP to confirm though.

I am a special education attorney and would be happy to help the Parents obtain the necessary services for their child at no cost to them since the District would be responsible for attorney fees if they are found in violation. Feel free to contact me.

Read more
Answered on 6/15/09, 1:19 pm
Marcy Tiffany Tiffany Law Group, P.C.

Re: Is this a violation of ADA?

I think your focus is misplaced. What difference does it make if his grandfather drove him to an outing? The real issue here is that the student obviously has severe behaviors that have not been adequately addressed with a behavior plan. His behaviors sound serious enough to require a functional analysis assessment under 5 CCR 3052. This should be done by a certified behavioral agency. If autism hasn't been ruled out, he should also have a complete assessment to address that issue. Finally, I would be concerned about the mix of medications. Prozac can be unpredictable in young children and may even contribute to the kinds of behaviors you are describing.

Read more
Answered on 6/15/09, 1:54 pm


Related Questions & Answers

More Education Law questions and answers in California