Legal Question in Civil Rights Law in New York

retaliation against special ed advocacy

Having angered many at my daughter's school (sped teacher, principal, chorus teacher), I feel they have retaliated against me which I understand violates Section 504 and IDEA.

My daughter burned her belly (around the size of a quarter) trying to take salisbury steak out of microwave. The gravy splashed on her and the floor and burned her through her shirt.

The school nurse called the next day asking, and I explained. The next day CPS was at my door questioning me (weekend) and then at my sons' schools Monday questioning them.

The school insists they didn't call CPS. As school officials (the only ones who saw my daughter before CPS came out) are mandated reports who must fill out a hardcopy form within 48 hours of oral report, this did not happen here.

I spoke to the nurse, principal, and dir. of sped, and all said the district did not call.

That means someone called on their own, rather than as the mandated reported they are.

I believe this was retailiatory. This is the 1st time my daughter has ever had any marks on her. She is always clean, neat, and well-taken care of.

1. Can I find out (FOIL or supeona) who reported this?

2. Can I sue them and/or the school district for retaliation under Section 504?


Asked on 4/14/07, 4:52 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Re: retaliation against special ed advocacy

Yes you may attempt to get CPS' records; however, in your case (an investigation of an allegation of child abuse)you are extremely likely to be denied access because of the confidential nature of such investigations. Lastly, you have no standing to sue under Section 504 of the Rehabilitation Act. The Act, in relevant part, is for individuals in need of special education to over come any differing ability.

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Answered on 4/14/07, 6:34 pm


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