Q: My son with disabilities was bullied against by his high school special education teacher. We immediately reported the
discrimination to the district and the district told us that IEP meetings were the discrimination procedure for students with disabilities. The district pretended to address the discrimination but deceived, intimidated, retaliated, harassed us and covered up the discrimination at the same time. After we realized that we were deceived, the district told us that the discrimination we reported was not a case of discrimination. We requested for an investigation report. The district responded that there was no report because we did not file the discrimination on a uniform complaint form and asked us to file the complaint on a uniform complaint form to start the process. After we filed the complaint on uniform complaint forms, the district told us they were untimely. We reported the discrimination to OCR but OCR told us that we could file a lawsuit to the federal court on our own. What should I do to get justice?
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- California
- (916) 704-3009
- View Profile
- Answered
A:
One option is to file a complaint with the California Department of Education's Office of Equal Opportunity (OEO). OEO investigates complaints of discrimination based on disability, race, national origin, and other protected categories. You can file a complaint with OEO using the uniform complaint procedures, which require the district to investigate the complaint and issue a written report within 60 calendar days.
Another option is to file a complaint with the U.S. Department of Education's Office for Civil Rights (OCR), which investigates complaints of discrimination based on disability, race, color, national origin, sex, and age in educational institutions that receive federal funding. You can file a complaint with OCR online, by mail, or by phone. If OCR determines that discrimination has occurred, it may require the district to take corrective action.
You may also want to consider consulting with an attorney who specializes in education law and disability rights. They can help you understand your legal options and advise you on how to proceed. An attorney can also represent you in court if you decide to pursue legal action.
It is important to keep in mind that pursuing legal action can be a lengthy and challenging process. However, if you believe that your son's rights have been violated, it is important to take action to protect his rights and seek justice.
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