Legal Question in Civil Rights Law in California

My son has been diagnosed with oppositional defiant disorder. He is often truant at school, or simply does not do his work. He has not officially been expelled from any school but because he was't going, he was referred to a continuation school that is mainly for juvenille offenders. Meaning most of the kids there are on probation. My son is not. The school in his district is below state standards, consists of a population of mostly Mexicans and Asians --my son is White. This school has a probation officer on site. I have repeatedly asked the school district if there are any other programs my son could participate in. They told me no. The only school my son could go to is the latter one just mentioned. According to them, unless my son is expelled, or on probation there are no other schools. I have also asked for some sort of counseling, or testing to be done. But since I am not on welfare, and in fact, work for a living, I am not eligible for any such programs or help, I guess. My question is: since the school district is unable to provide my son with an appropriate learning environment (besides this one school) can I sue them for depriving my son of an education? and, If my son goes to a therapeutic boarding school can I sue them for paying for such a school since they did not have such services available to him in our school district?


Asked on 8/13/10, 10:34 am

1 Answer from Attorneys
James Goff James R. Goff, Attorney at Law

Your question does not indicate whether your son has an IEP (individual education plan) and other special education services. If not you should request the school district where you live to assess your son for special education services. He appears to need a functional behavior assessment so that an appropriate behavior program can be established for him. Under the IDEA he is entitled to private school placement if the district cannot provide free appropriate public education (FAPE) placement for him. Under the law the district is only required to provide an appropriate public education opportunity for him, if his behavior does not stem from a disorder but from his lack of interest in obtaining an education then the district will not be required to provide a private school placement. There are organizations that provide information on special education that you can get more information from on the internet. Make sure your request for a special education assessment is in writing. It is not required in writing but if there is a dispute it is categorical proof of your request, which the district must respond to. Additionally, you can luck at the websites for the California Department of Education and the California Office of Administrative Hearings. Good luck.

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Answered on 8/19/10, 10:46 am


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