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Sheila or Martie...
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<blockquote data-quote="Sheila" data-source="post: 149825" data-attributes="member: 23"><p>I hope the following links are still good -- haven't had to file a complaint in a while. lol</p><p></p><p>But if not, it should give you some leads:</p><p></p><p><span style="color: maroon"><span style="font-family: 'Arial'">How to File a 504 Complaint with the US Department of Justice</span></span></p><p> <span style="color: maroon"><span style="font-family: 'Arial'"><a href="http://www.usdoj.gov/crt/ada/cguide.htm#anchor65610" target="_blank">http://www.usdoj.gov/crt/ada/cguide.htm#anchor65610</a></span></span></p><p></p><p></p><p> <span style="color: maroon"><span style="font-family: 'Arial'">OCR Complaint - Timeliness of complaint</span></span></p><p> <span style="color: maroon"><span style="font-family: 'Arial'"><a href="http://www.ed.gov/offices/OCR/docs/ocrcrm.html#I_F" target="_blank">http://www.ed.gov/offices/OCR/docs/ocrcrm.html#I_F</a></span></span></p><p></p><p> <span style="color: maroon"><span style="font-family: 'Arial'">OCR Complaint Resolution Manual</span></span></p><p> <a href="http://www2.ed.gov/about/offices/list/ocr/docs/ocrcpm.html" target="_blank">http://www2.ed.gov/about/offices/list/ocr/docs/ocrcpm.html</a></p><p></p><p></p><p> <span style="color: maroon"><span style="font-family: 'Arial'">How do I file a complaint with OCR?</span></span></p><p> <a href="http://www2.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt" target="_blank">http://www2.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt</a></p><p></p><p></p><p> <strong><span style="color: maroon"><span style="font-family: 'Arial'">OCR 504 and Title II prohibit retaliation for advocating or filing a complaint</span></span></strong></p><p><a href="http://www2.ed.gov/policy/rights/guid/ocr/disabilityoverview.html" target="_blank">http://www2.ed.gov/policy/rights/guid/ocr/disabilityoverview.html</a></p><p></p><p></p><p> <span style="font-family: 'Arial'">504 complaint</span></p><p> <span style="font-family: 'Arial'"><a href="http://www.advocacyinc.org/ED9_complaint.htm" target="_blank">http://www.advocacyinc.org/ED9_complaint.htm</a></span></p><p></p><p></p><p> <strong><span style="color: maroon"><span style="font-family: 'Arial'">OCR Complaint by Wrightslaw.com</span></span></strong></p><p> <span style="color: maroon"><span style="font-family: 'Arial'"><a href="http://www.wrightslaw.com/info/sec504.faqs.ocr.complaints.htm" target="_blank">http://www.wrightslaw.com/info/sec504.faqs.ocr.complaints.htm</a></span></span></p><p> </p><p style="text-align: center"><span style="font-family: 'Arial'">The Court of Appeals reviews the elements of a retaliation claim under Section 504 and the ADA. (1) the mother or student was engaged in a "protected activity." (2) the person or persons alleged to have retaliated were aware that the mother or the student was engaged in a protected activity. (3) An adverse decision or course of action was taken against the mother or the student. (4) A causal connection exists between the protected activity taken by the student or parent and the adverse action taken by the school personnel. Thus the Circuit Court of Appeals concluded that the parents had alleged a viable claim that the school district had engaged in retaliation, intimidation, coercion, threats, and interference with their advocacy efforts. The Circuit Court also found that Rose was denied a Free Appropriate Public Education because all the retaliation by the school district denied her any chance of "meaningful educational benefit." The parents had sought damages for the school districts misconduct, under 42 U.S.C. 1983.</span></p><p> </p><p> </p><p> </p><p></p><p> <span style="color: maroon"><span style="font-family: 'Arial'">The Americans with Disabilities Act, 42 U.S.C. 12101, prohibits "retaliation" [at 42 U.S.C.12203(a)], "interference", "coercion," "intimidation" or "threats" [at 42 U.S.C.12203(b)] against an individual who is "opposing any act or practice made unlawful by" the ADA or who "has aided or encouraged any other individual" in the exercise of rights protected under the ADA. You should complain to the state education agency (which has duties to oversee this misconduct under the IDEA, 504 and the ADA) using the language prescribed by the Supreme Court in the Gebser case, and demand that the state order the local school district to stop violating your rights, and the parents' rights, in regard to participation in educational planning for that child.</span></span></p><p></p><p> <span style="color: maroon"><span style="font-family: 'Arial'">Remind the state education agency in those complaints that the state cannot lawfully pass federal dollars through to a local educational agency that the state now has been notified is discriminating in violation of Section 504 [see 34 CFR 104.4(b)(1)(v) and (b)(4)]. So you should complain to your state that they have only two lawful options: to force the local district to correct their misconduct, or to withhold the federal dollars to that local district that refuses to end its noncompliance.</span></span></p><p></p><p></p><p> <strong><span style="color: maroon"><span style="font-family: 'Arial'">retaliation cases</span></span></strong></p><p> <span style="color: maroon"><span style="font-family: 'Arial'"><a href="http://www.wrightslaw.com/info/teach.index.htm" target="_blank">http://www.wrightslaw.com/info/teach.index.htm</a></span></span></p></blockquote><p></p>
[QUOTE="Sheila, post: 149825, member: 23"] I hope the following links are still good -- haven't had to file a complaint in a while. lol But if not, it should give you some leads: [COLOR=maroon][FONT=Arial]How to File a 504 Complaint with the US Department of Justice[/FONT][/COLOR] [COLOR=maroon][FONT=Arial][url]http://www.usdoj.gov/crt/ada/cguide.htm#anchor65610[/url][/FONT][/COLOR] [COLOR=maroon][FONT=Arial]OCR Complaint - Timeliness of complaint[/FONT][/COLOR] [COLOR=maroon][FONT=Arial][url]http://www.ed.gov/offices/OCR/docs/ocrcrm.html#I_F[/url][/FONT][/COLOR] [COLOR=maroon][FONT=Arial]OCR Complaint Resolution Manual[/FONT][/COLOR] [url]http://www2.ed.gov/about/offices/list/ocr/docs/ocrcpm.html[/url] [COLOR=maroon][FONT=Arial]How do I file a complaint with OCR?[/FONT][/COLOR] [url]http://www2.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt[/url] [B][COLOR=maroon][FONT=Arial]OCR 504 and Title II prohibit retaliation for advocating or filing a complaint[/FONT][/COLOR][/B] [url]http://www2.ed.gov/policy/rights/guid/ocr/disabilityoverview.html[/url] [FONT=Arial]504 complaint[/FONT] [FONT=Arial][url]http://www.advocacyinc.org/ED9_complaint.htm[/url][/FONT] [B][COLOR=maroon][FONT=Arial]OCR Complaint by Wrightslaw.com[/FONT][/COLOR][/B] [COLOR=maroon][FONT=Arial][url]http://www.wrightslaw.com/info/sec504.faqs.ocr.complaints.htm[/url][/FONT][/COLOR] [CENTER][FONT=Arial]The Court of Appeals reviews the elements of a retaliation claim under Section 504 and the ADA. (1) the mother or student was engaged in a "protected activity." (2) the person or persons alleged to have retaliated were aware that the mother or the student was engaged in a protected activity. (3) An adverse decision or course of action was taken against the mother or the student. (4) A causal connection exists between the protected activity taken by the student or parent and the adverse action taken by the school personnel. Thus the Circuit Court of Appeals concluded that the parents had alleged a viable claim that the school district had engaged in retaliation, intimidation, coercion, threats, and interference with their advocacy efforts. The Circuit Court also found that Rose was denied a Free Appropriate Public Education because all the retaliation by the school district denied her any chance of "meaningful educational benefit." The parents had sought damages for the school districts misconduct, under 42 U.S.C. 1983.[/FONT][/CENTER] [COLOR=maroon][FONT=Arial]The Americans with Disabilities Act, 42 U.S.C. 12101, prohibits "retaliation" [at 42 U.S.C.12203(a)], "interference", "coercion," "intimidation" or "threats" [at 42 U.S.C.12203(b)] against an individual who is "opposing any act or practice made unlawful by" the ADA or who "has aided or encouraged any other individual" in the exercise of rights protected under the ADA. You should complain to the state education agency (which has duties to oversee this misconduct under the IDEA, 504 and the ADA) using the language prescribed by the Supreme Court in the Gebser case, and demand that the state order the local school district to stop violating your rights, and the parents' rights, in regard to participation in educational planning for that child.[/FONT][/COLOR] [COLOR=maroon][FONT=Arial]Remind the state education agency in those complaints that the state cannot lawfully pass federal dollars through to a local educational agency that the state now has been notified is discriminating in violation of Section 504 [see 34 CFR 104.4(b)(1)(v) and (b)(4)]. So you should complain to your state that they have only two lawful options: to force the local district to correct their misconduct, or to withhold the federal dollars to that local district that refuses to end its noncompliance.[/FONT][/COLOR] [B][COLOR=maroon][FONT=Arial]retaliation cases[/FONT][/COLOR][/B] [COLOR=maroon][FONT=Arial][url]http://www.wrightslaw.com/info/teach.index.htm[/url][/FONT][/COLOR] [/QUOTE]
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