Triggering a child to have them removed from school...

susiestar

Roll With It
You NEED an attorney, asap!!! This is clearly ILLEGAL behavior and they CLEARLY know it. I would not want my child in that school and would push for him to be sent elsewhere. I would also get that teacher in front of a legal person to take a sworn deposition - in front of you - to tell what really happened. If she is a whistleblower, there are LAWS that prevent her from being fired. If the principal did this to your son, he has and will do it to others. If you can find some of those parents, a class action against the school district will have a LOT more power.

I would start pushing HARD to get the IEP and BIP and other plans followed - it is illegal not to and I would make sure they KNOW that you are onto them and that you know your son's legal rights and will NOT tolerate them being ignored or broken. You won't be able to do a whole lot with-o a lawyer with actions this blatantly illegal.

Check out the wrightslaw website - maybe some people on their forums would be able to help. Also go to the Special Education 101 section of this board and post this there. They will be able to help also.
 

whatamess

New Member
I have talked to an attorney for a disability rights organization and I have talked to the police. The attorney told me they have to file for litigation before they can depose someone and if there isn't enough evidence (before deposing people) then this state-sponsored agency won't incur the costs of filing for a court case (?) It is very twisted for sure.
 

keista

New Member
Ditto what Susie said.

I didn't even have to read her post to be thinking the same thing.

If an attorney can't be found or afforded, find the local parent advocacy group. The one by me is actually paid by the state (NOT through education funding, but disability funding). And they are skilled at taking things all the way to to courts if necessary.

I feel certain that as soon as you bring in "back up" they will back down. the few times I brought an advocate to the IEP meetings, she was wondering why I did. Staff did not seem oppositional at all??? Well, It's because she was there!.

Good thoughts going out to you. Best of luck!
 

Wiped Out

Well-Known Member
Staff member
I'm so sorry this is happening. I agree completely with getting an attorney or advocate. My son had a Special Education teacher in 4th grade that refused to follow his BIP and then he was suspended for all types things (mostly minor). We spoke with the head of the dept in our district. When she found out the BIP was not being followed she was not happy. The next year he was no longer on her case load. Luckily it was not the principal. It hurts my heart to hear that the principal would do that. Gentle hugs to you both.
 

Steely

Active Member
What you need is not an attorney that wants to prosecute necessarily - but rather one that will go in and sit down with the principal, counselor, teacher, and you and go back over the exact verbiage in the IEP. The attny needs to explain that if the above people do not follow the IEP, that they are violating XYZ law and will be held accountable..

I had this happen with Matt and a new principal - it seemed he was determined to rile Matt up at every opp. I could not tell if it was a power trip or he wanted Matt out of his school. He succeeded, unfortunately in expelling him. However, I did not bring an attny into the mix, which could have changed everything.

Good luck.
 

AnnieO

Shooting from the Hip
Onyxx had a problem with the vice principal in middle school (same one Jett is attending now). He refused to follow her safety plan and deliberately riled her - in front of the school resource officer... She lost it and kicked his desk, and got arrested for assault.

We found out a bit later that this guy was a teacher when husband was at that school years ago, and apparently (according to both mother in law and father in law) had it in for husband... So the last name did it.

The beginning of this school year, same guy called Jett into his office and ranted at him about how he better not EVER act like his father and his sister, and made Jett cry - we did not find out about it until about a week later when the Sped called husband about Jett's IEP, and mentioned it. husband had a meeting with Mr. A and the principal and told him if he EVER heard about this kind of bullying again, he was getting a lawyer. Mr. A doesn't even speak to Jett, now.
 
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