Legal Question in Education Law in California

Special Ed Student Not Receiving his Rights

My 13yo son has multiple 'blind' disabilities on the Autistic spectrum. We have had so many problems with the schools that he has attended but no appropriate outcomes. He is constantly getting bullied, spat on, pushed around, kicked, mocked, etc. His IEP has no provisions for teaching him social/life skills and the staff turns their heads rather than provide resources for him. He has a 145 IQ, but he is not being served with this IEP. Today he was suspended because he kicked a boy who provoked him. The other student did not get suspended even though there were witnesses that could prove my son's case. I feel that this was inappropriate disciplinary action and I need guidance. Every day there is a new incident but he does not get assistance. He needs help!! I cannot afford an attorney. Isn't there something that can be done about this? Thank you for your time. Maggie


Asked on 3/13/03, 2:14 am

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

Re: Special Ed Student Not Receiving his Rights

There are remedies for the kind of situation you are in, but it is difficult for a parent to obtain them without legal help. There are some attorneys who will take a case like yours on a "contingent" basis - i.e. if you prevail and are awarded attorneys fees the attorney will get paid by the school district. You should contact the special education hearing office at 916/739-7053 for a list of attorneys in your area who might be willing to take your case on that basis. You should also try to find a parent support group in your area. Other alternatives include filing a compliance complaint with the California Department of Education or Filing for due process yourself. Hope this helps.

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Answered on 3/13/03, 2:40 pm


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