Legal Question in Civil Rights Law in California

My sons right to an education

My 10 year old son was and still is suffering from depression and did not want to go to school starting from the first day of the 4th grade. I took him to the doctor and he is now under the care of a Mental Heath Physician. His Doctor order Neurological testing for my son, which showed he has a High IQ and some learning Disabilities. The doctor faxed my son�s school telling them my sons condition and he was to do home schooling until they could establish an IEP to fit his educational needs. I did not hear from the school for a week after they received the fax from his doctor so I called to fined out what was happing they inform me that my son had been drop from there school stating they could do nothing for him. I reported this to his doctor who was very upset, stating the fax was very clear what was to be done for my child. I was then given a copy of the fax and return to the school and after many pleas and stating I would go to the superintendent of schools they finally agreed they had to help my son with his educational needs. The year is almost over and they still have done nothing to help my son with his educational needs and I don't believe they intent to. Is this violating my sons Civil Rights.


Asked on 4/02/02, 6:17 am

1 Answer from Attorneys
Patty Lewis Law Office of Patricia Ann Lewis

Re: My sons right to an education

probably yes . . . however, there are many many hurdles . . . you really need an advocate to help you . . . your child must be educated pursuant to state law . . . regardless of his disability . . . and he is entitled to be educated in the least restrictive environment . . . if you cannot find an attorney near you to help then perhaps there are "parent advocates" . . . you must pursue this . . . do not let a day go by . . . there are real tight time frames to file claims against a public entity for civil rights damages . . . you must seek counsel . . . and if you file claims with the state or federal agencies you must have help . . . the lay person is at a serious disadvantage here . . . unfortunately the burden is on you to seek the education and legal help he needs . . . do not give up . . . it is an uphill battle but your son is at risk and needs you to help him . . . you must not delay . . . the school will not do what they should unless you get an advocate to "do battle" who knows the system . . .Patty Lewis . . . [email protected]

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Answered on 4/05/02, 11:20 pm


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