Legal Question in Disability Law in California

My 8 year old grandson is mildly autistic and has ADHD. His school is aware, and he has a working IEP in place. Yesterday he talked too much during lunch and a cafeteria monitor (also a crossing guard, NOT a teacher) made him sit alone on stage for the rest of his lunch period and through the lunch period for the 4-6 grades. He sat alone in front of everyone, missing a recess that is very important because of his behavior and energy issues, and was humiliated alone in front of everyone. My daughter was told by the principal that mainstreaming a child with a problem means that they have to be just like everyone else, and that if he can't do that he should be either kept at home or institutionalized. My daughter has gone to the district to start an investigation, but I'm wondering what the statutes are for using humiliation for any child, much less one with a severe disability.

Thank you,

Sharon


Asked on 2/05/10, 3:12 pm

1 Answer from Attorneys
Elizabeth Karnazes New York Offices of Elizabeth Karnazes

document everything and keep good records it is wrong be sure to write a letter to the school detailing the disability and the improper treatment good luck please forgive the typos

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Answered on 2/12/10, 1:00 pm


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