San Antonio, TX asked in Civil Rights, Constitutional Law, Family Law and Education Law for Texas

Q: Can you sue a charter school for discrimination of a child entering into the district Already with learning disabilities

The district has performed false Ard Committee meetings and had my children under regular general Ed program when they have more learning disabilities and one of my children has autism diagnosis

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: Yes, you can sue a charter school for discrimination if your child with learning disabilities, including autism, has not received appropriate accommodations. The Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act protect students with disabilities, ensuring they receive a free appropriate public education tailored to their needs.

If the district has conducted false ARD (Admission, Review, and Dismissal) Committee meetings and placed your children in a general education program despite their disabilities, this could be a violation of their rights. You can start by filing a complaint with the school district and the state education agency, detailing the discrepancies and lack of appropriate services.

If the issue is not resolved, you may need to pursue legal action. Contact an attorney who is experienced in education law to help you navigate this process. They can assist in gathering evidence, filing a lawsuit, and advocating for your children’s rights to ensure they receive the education and support they need.

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