LAUSD denied my request for an IEP, what recourse do I have?: I paid for a very comprehensive educational and psychological independent study of my child and the report picked up very specific finds and what accomodations would be necessary. I didn't give the school the report when I requested the IEP, but I did make reference to it. Nevertheless, they flat out denied my request. What is my next step?
Michelle's answer: Hello: These matters can be very complicated, and this answer cannot cover the breadth of the matter. The first thing which usually is done is to request an assessment in writing from the district. You can also submit your own assessment, but would expect them to also conduct an assessment. Once they complete their assessment, an IEP meeting would be scheduled. If you don't like what they come up with, you can file a request for a special education due process hearing. For all of it, an education attorney should be involved. Best of luck, Michelle Ball Law Office of Michelle Ball California Education Attorney advocating for the rights of parents and students since 1995.
Can I sue the teacher or school for emotional distress ?: Well we weren't doing any classwork cus we we were gonna take a test but we didn't start yet cus she was busy doin other things so i just got some chips from inside of my bag& She told me to put my food away so I did . But time passed & we weren't doin anything so I got chips again & she got ALL MAD to put em away & that's when I said I'm pregnant I have to eat 6 times a day & she's all no u don't no u don't ! & she's a health teacher she should know. Then she told me to get up beacuse she was sending me to the office & as & then she tells me to go sit down& wait for the office people to come get me & i told her "you know this is difficult for me" because of all the gettin up& walking& she says ALOUD to the whoke classroom "You should try Birth control!!" Any advice on what I should do ?
Michelle's answer: You may want to look into the personnel complaint process at the school/district, consider a transfer out of her class, and work out a plan with the school for eating during pregnancy so no more issues... There are also complaint processes via the Office for Civil Rights, and perhaps even the Family Policy Compliance Office (both via the U.S. Department of Education). Best of luck, Michelle Ball Law Office of Michelle Ball California Education Attorney advocating for the rights of parents and students since 1995.
Is it illegal to record my teacher secretly?: Our teacher is verbally abusive and screams at us for getting things wrong. He also makes fun of one student. 5 or 6 of the students and I were thinking about recording (audio) a couple of classes for proof when we complain. Is this legal? We are in the state of California and I need to make sure that we will not face penalties when doing so.
Michelle's answer: Not without his consent. You may want to file a personnel complaint with the school/district on the matter at hand. See my blog on that subject here (or I inserted it below as well): http://edlaw4students.blogspot.com/2011/02/do-you-have-complaint-about-school.html. Best of luck, Michelle Ball Law Office of Michelle Ball California Education Attorney advocating for the rights of parents and students since 1995.