Legal Question in Education Law in California

Discrimination due to H.A.A.D.D.

My 4 year old son has been expelled from his pre-school because he suffers from H.A.A.D.D. His condition was known to the school staff at the time of his enrollment but it was not an issue at first because the class size was small, as the class size grew I was told that they were not able to provide for his needs and gave me a 72 hour notice for me to find him another pre-school. After talking to them I got a week extension but I keep getting harassing calls on my phone asking me if I've found another pre-school for him yet.

My question is this this: Is my son being discriminated because of his disability and if so, can I sue the school for doing so?


Asked on 2/21/06, 10:41 pm

1 Answer from Attorneys
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Discrimination due to H.A.A.D.D.

Hello:

I presume that the "preschool" is a private instutition and not a part of a given School District. Conseqeuntly, they really can discriminate, and they can invent myriad ways of doing so that do not violate the law.

Once your child is in the public school system, no one can get away with it.

Sincerely,

Mark Geyer

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Answered on 2/22/06, 4:16 pm


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