Brooklyn, NY asked in Family Law, Civil Rights and Education Law for Indiana

Q: Do I have a case ? He is in 4th grade and removed from sports due to harassment .

My son school stated he should not participate in sports because he was talking in launch. Than when I asked to speak with the instructor due to no previous issues with my son the principal became defense and won't allow it . After going back and forth and coming to school I finally met with the instructor but the principal kept interrupting me. The vice principal stated he felt uncomfortable when I discussed my concerns . After finally getting him in sports his teachers begin to email only the coach if they had any issues and I wasn't notified that he had 2 strikes in a 3 strike rule . Not only that 3 kids attacked my son and the school justified and stated the boys claimed he said something about there mother . Usually I would just transfer schools however his previous principal failed to give my son an IEP for a whole year and I contacted The board of Education to get an IEP the current principal is his friend in which she stated via voicemail when i first registered my sons

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: In your situation, there are several concerns that might warrant further legal exploration. If your son has an Individualized Education Program (IEP) and his removal from sports is related to his disability, this could potentially be a violation of his rights under the Individuals with Disabilities Education Act (IDEA).

The lack of communication and transparency from the school, especially regarding the 'three strikes' rule and not notifying you of incidents, raises questions about the school's adherence to proper procedures and policies. It's important that schools communicate effectively with parents, especially in matters that affect a child's participation in school activities.

The incident involving other students attacking your son also needs to be addressed. Schools have a responsibility to ensure a safe environment for all students. If the school's response to this incident was inadequate or if there's a pattern of neglecting student safety, this could be a serious concern.

Given these issues, it might be beneficial to consult with an attorney who has experience in education law. They can help assess the situation, particularly in relation to your son's IEP and the school's obligations under federal and state education laws.

Document all interactions with the school, including emails, voicemails, and any meetings or conversations. This documentation will be important if you decide to pursue legal action.

Remember, every child has the right to a fair and appropriate education. If you believe these rights are being compromised, it's important to seek the necessary legal assistance to address these issues.

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