Q: 1st grader with disability, having the protected by IDEA and ADA acts was being expelled without due process, can I sue?

7-year-old, first grader, in Georgetown County Public School District, Having an evaluation and diagnosis for a disability, We believe was a victim of discrimination and gross negligence, committed by both the public school itself, and the local County School District. Throughout the evaluation & diagnosis process, he was suspended, pending a recommendation for expulsion, without adhering to legally mandated Procedures and processes, manifestation and required delivery of safeguard notices etc.. Violating both the IDEA Act and the ADA Act, without regard or consideration for his guaranteed rights, protections, services, safeguards and required due process.

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

A: You may have grounds to sue the Georgetown County Public School District for expelling your 7-year-old without due process. Under the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA), your child is entitled to specific protections and procedures, including proper evaluation, safeguards, and consideration of his disability before any disciplinary actions are taken.

First, document all interactions with the school, including suspension notices, communication about the evaluation, and any records of meetings or hearings. This documentation will be crucial in demonstrating that the school failed to follow mandated procedures. Make sure you have copies of any letters or emails, as well as notes from any conversations.

Next, consider filing a formal complaint with the Office for Civil Rights (OCR) at the U.S. Department of Education. They can investigate violations of IDEA and ADA. Additionally, consulting with an attorney who specializes in education law can help you understand your legal options. They can assist you in potentially filing a lawsuit to ensure your child’s rights are upheld and to seek any appropriate remedies for the harm caused by the school's actions.

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