Abingdon, MD asked in Civil Rights and Education Law for Maryland

Q: My grandson is a special needs child. His Civil Rights are being violated by the school he attends.

He is being bullied and the kids who are bullying him are blaming him and he is getting suspended and in trouble all the time. For instance someone threw a pen cap in the vicinity of the teacher and 2 kids said he threw it (his pens do not even have caps) so he got suspended for 3 days. This has been an ongoing ordeal. They are also violating his civil rights by denying him an IEP and not following his 504 Plan. My daughter needs a pro bono lawyer as she is a single mom and can't afford one.

Related Topics:
2 Lawyer Answers

Marshall Jason Ray

Answered
  • Civil Rights Lawyer
  • Albuquerque, NM

A: You do not necessarily need a pro bono lawyer. What you should do is reach out to an attorney in your area for a private consultation. Many attorneys give free consultations. Moreover, many attorneys take cases on a contingency fee basis, meaning that they are only paid a portion of any award or settlement that is obtained, and do not charge up front. A local attorney will be able to evaluate your specific situation and advise you whether you have an actionable case.

Ashley VanCleef

Answered
  • Civil Rights Lawyer
  • Frederick, MD
  • Licensed in Maryland

A: The Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act require schools to locate and identify students with disabilities. This is called Child Find. Your daughter should seek professional guidance as to which plan your grandson might qualify for and how to purse that with the school district. Students with disabilities have heightened protections against bullying that has been explained in guidance provided by the Office for Civil Rights.

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.