Legal Question in Education Law in California

disabled student's rights

What is the statute of limitations for suing school district for violating daughter's civil rights? (2000-2001)And pain/ suffering? She's now 15 (diagnosed ADHD and Bipolar) Should I pursue an attorney in Education or ADA discrimination specialty?

FACTS:

1)Denied an IEP assessment by 7th grade Principal.

2)Teased by her teachers and peers in classrooms.

3)She was suspended 2 days because she got lost at Great America (field trip)due to inadequate adult supervision and no adult administration of medication.

4)She was granted a transfer (upon my request)to other Jr High for following year-approved by both Principals and Supt.

5)The transfer was reneged by the incoming Principal and Supt after I requested an IEP assessment of the new Principal three days prior to school starting. She stated ''she would only allow XXXX to attend as a regular student on a trial basis the first quarter.''

5) A 504 Plan was approved and then denied. Only with help from Area Board 3 Advocate (CA State) did we secure a 504.


Asked on 12/10/02, 4:36 pm

1 Answer from Attorneys
Marcy Tiffany Law Offices of Marcy J.K. Tiffany

Re: disabled student's rights

The statute of limitations is three years. It is not clear to me what you mean by she was denied an IEP assessment, but it sounds as if she has never been assessed by the school district as to whether she qualifies for special education. The school district is required to conduct an assessment if requested to do so by you in writing. If, however, you mean that she was assessed and not found to be eligible, then you would have to dispute this in due process.

You should consult an attorney who specializes in educational issues, not just the ADA. You probably cannot get pain and suffering damages, incidentally, since monetary damages are not available under the IDEA. Still you can get compensatory education if your child needs it. There is a remote possiblity of pain and suffering damages under section 1983, but you would first have to exhaust administrative procedures, which means going to due process with the school district.

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Answered on 12/10/02, 5:25 pm


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