Legal Question in Civil Rights Law in California

Child Harassment @ School

My daughter has a learning disability, recently the school started to mainstream her. The affect is causing my daughter's stress level to reach a point that the stress is manifesting itself physically. The school was informed, but did nothing about it.

Last week during the practice for a school play, a teacher yelled at my daughter, and then publicly humiliated and harassed her. This incident caused my daughter to become physically ill, we took her to the doctor and she was placed on medication to try and alleviate some of the symptoms. The doctor recommended that she be removed from the play. When we informed the school of this, they said that if she quits the play she will face ridicule from the students, and the faculty will also be unhappy. We received an email from the principal stating that removing her from the play would not be fair to the other children and the teachers.

Today, my daughter was sent home ill by the school nurse who recommended that we alert the district of the situation. We then received a phone call from the principal, stating that we should not have taken our daughter out of school for the day.

There is more, but I�m running out of room...

Thank you for your advice.


Asked on 4/23/08, 12:14 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Child Harassment @ School

Under the Education Code your daughter has rights to accommodation and parental choices in structuring a 'plan' for her. You'll need to pursue your complaint and request for remedy through the District, just as you were told to do. Feel free to contact me for the legal help you'll need.

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Answered on 4/23/08, 12:42 pm


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