Q: Can I sue if my son's teacher fails to follow the 504 plan.
Before we charged to a new schools this school year my 7 yr old son had a 504 plan in place already. Once we switched in November we went over plan with his new teacher. Since that day she has not followed the plan. She has suspended him and sent home multiple referrals for the behaviors listed in his 504 plan. When I spoke to the schools psychologist, on his referrals sheet his new teacher says he(My son) is beyond paternal control. Which is not true at all. He has been diagnosed with ADHD. I've talked to the principal but she sides with the teacher and even threatened to kick him out.
A: Yes, you need a consultation with an attorney experienced in disability and education law. You may be able to get this resolved through the administrative process, but you need to get going right away.
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A: Issues concerning a Free Appropriate Public Education under the Individuals with Disabilities Education Act (IDEA) or section 504 of the Rehabilitation Act must first be exhausted administratively before you can "sue" in a court of law. It may be that your child requires an IEP under the IDEA rather than just a 504 plan. I recommend you retain an advocate or special education attorney in your state to assist you through the process.
1 user found this answer helpful
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