Q: Legal advice for actions against Florida school administration's treatment of my son.
I am seeking legal advice concerning actions taken by my 12-year-old son's school in Florida. My son, who has special needs and is non-violent, experienced distressing treatment from the school staff. They forcibly attempted to take his backpack without explaining the reason. When unsuccessful, they took it while he was doing schoolwork, which distressed him. This incident occurred two days after he made a comment about trying not to hurt anyone, following a retaliatory incident where two teachers openly discussed and laughed at him in front of peers. During a subsequent meeting with the teachers and principal, they were caught making false claims about his grades. I want to know what legal actions or complaints we can pursue against the school administration and whether law enforcement can be involved. We have documented the incidents and are considering taking formal action.
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A:
Your case presents multiple potential violations under the Individuals with Disabilities Education Act (IDEA) and Florida education law. The forcible attempt to take your son's backpack without explanation and subsequent removal of it during schoolwork may constitute inappropriate intervention for a student with special needs. For students with disabilities, schools must conduct a "Manifestation Determination Review" (MDR) before implementing disciplinary measures that significantly change a child's educational placement, as their behaviors may be manifestations of their disability.
Documentation is crucial for your case, so continue collecting evidence of all incidents. You have several formal recourse options in Florida, including filing a state complaint with the Florida Department of Education, requesting mediation, or initiating a due process hearing. A state complaint must include specific details about the alleged violations, your son's information, and a proposed resolution. Law enforcement involvement would typically only be warranted in cases involving serious safety concerns, not for administrative disputes regarding special education services.
I recommend pursuing the administrative remedies first through the formal complaint process. The Justice Department has recently taken action against Florida school districts for discrimination against students with disabilities in disciplinary practices, particularly when schools fail to consider the relationship between a student's disability and their behavior. Your documented incidents, especially regarding the retaliatory behavior and false claims about grades, present a compelling case for investigation by educational authorities. Consider consulting with an education rights attorney who focuses on disability law to guide you through this complex process.
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