Legal Question in Education Law in California

emotional and mental discrimination in elementary school

my niece has been diagnosed with a mood, emotional and impulse disorder. we have ordered an I.E.P. so the school knows the problem with my niece. she is being suspended often for behavior she can't control they are not hurrying the process of the I.E.P. even thought they know she doesn't fit in the classroom! the teacher calls my sister almost every day about my niece, with all these problems how can they legally suspend my niece and not give her a special schedule or class. my nieces counselor and nurse from the mental health are quite upset with the schools handling of this matter, just wondering what i can do?


Asked on 5/17/01, 7:35 pm

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

Re: emotional and mental discrimination in elementary school

First: the school may not suspend the child without a hearing; the school must comply with due process procedural requirements; the school cannot "unilaterally" "suspend often." . . .

Second: an IEP begins with a written request from a parent/teacher/counselor to the school requesting the child be tested; the school has a certain number of days to provide the requesting parent with a specific federal form to sign to allow the testing process to begin; the parent then has a number of days to sign the approval for testing (assessment); from that date the school must assess the child psychologically or medically or whatever is needed to diagnose the disability; then there will be an IEP team meeting which includes the parents, teacher(s), and any other number of interested persons to determine how to best implement the child's learning processes. . . .

Third: if the school is out of compliance (not following these federal rules), the parent can request an administrative procedure which is implemented through the McGeorge School of Law in California; usually a mediation takes place before the hearing which puts pressure on the school to do what they're supposed to do . . .

Fourth: if the school is continuing with the "unilateral" suspensions, then a federal lawsuit may be needed to order injunctive relief and/or money damages. . . . Fifth: the school also will be responsible for attorney's fees if you need legal counsel, which is what I do . . . should the parents need a lawyer for the IEP proceeding, an administrative hearing or mediation, or for court action, then the school may be ordered to pay those fees. If you need help in this regard please send an email to me directly or write or call me at (619) 234-8199. Without an advocate, the school may continue to do what it wants to do, without regard for the rights or feelings of those persons who suffer daily as a result of being disabled. If not me, call someone in your community. But get help and don't give up. The child is more precious and counts more than anything. Good luck to you. Patty Lewis

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Answered on 6/23/01, 1:06 am


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