Honolulu, HI asked in Civil Rights and Education Law for Hawaii

Q: My child is being harassed by school counselors because he has a disability (autism) which makes him not want to do P.E.

What do I tell my child to say, in terms of legality?

What steps can I take? I already put in a request for a doctor note.

IEP is included.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: First, reassure your child that they have done nothing wrong and that it's important to speak up about their feelings. Encourage them to express how the harassment from the school counselors makes them feel, emphasizing that it's okay to feel upset or frustrated about the situation. Remind them that they have rights as a student with a disability, including the right to accommodations and support services outlined in their Individualized Education Program (IEP).

When discussing what to say to the school counselors, advise your child to focus on their needs and how their disability affects their participation in physical education (P.E.). They can mention any specific challenges they face due to their autism and how these challenges make it difficult for them to participate in P.E. class. Encourage them to mention the accommodations outlined in their IEP and to request support from the school in finding alternative solutions that meet their needs.

In terms of steps to take, continue advocating for your child by following up on the doctor's note request and ensuring that the school is aware of your child's diagnosis and their need for accommodations. If the harassment continues despite your efforts, consider scheduling a meeting with school administrators or the IEP team to address the issue formally. Document any instances of harassment or discrimination and keep records of all communications with the school regarding your child's disability and the accommodations they require. Consider seeking support from advocacy organizations or legal resources specializing in disability rights if necessary.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.