Legal Question in Education Law in California
False Statements to School by Ex
I am the primary custodial parent of a 13 yr. old with multiple medical and psychological issues, including Autism. Since our divorce, my Ex and his new spouse have made numerous extremely derogatory statements about me to school personnel. They also advised the school to disregard the medical documentation regarding our child�s disabilities, because they were �based on claims� made by me. I also discovered similarly horrendous statements, hand-written by my Ex, in our child�s DISTRICT files.
Due to the extreme nature of the statements, I have almost no relationship with the school. They are polite, but condescending, unless I attempt to assert myself, which causes them to become hostile and dismissive. They refuse to conduct a new IEP, and instead suggest that I read some �parenting� books so I can learn about teenagers who manipulate their parents. Is there anything I can do to get the school to look at the FACTS about my child, instead of listening to vindictive propaganda? At 13, my child cannot afford to have his educational needs dismissed by the very people who are responsible for his education.
3 Answers from Attorneys
Re: False Statements to School by Ex
Give my office a call. I may be able to help.
Best,
Daniel Bakondi, Esq.
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Re: False Statements to School by Ex
As the custodial parent, you have a right to be taken seriously by the school and treated respectfully. The defamation by your ex and his spouse should be addressed by the family court having jurisdiction; this type of behavior as well as the school's disregard is not in the child's best interest. Family court is the place to start--and should solve matters. Where in the state are you located?
Re: False Statements to School by Ex
With respect to the school district, you are entitled to an IEP meeting within 30 days of your making the request. This is in addition to the annual IEP meeting to review your child's progress. The appropriateness of your child's educational program is measured against the requirements of the Individuals with Disabilities Education Act. If you do not believe the IEP is appropriate to meet your child's needs, you can file for due process.
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