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Another CPS issue: Harassment, illegal holding of child on school grounds, emotional distress... Legal grounds and rights?

Hazlet, NJ |

School has contacted CPS numerous occasions. All accusations have been unfounded. Most recently CPS closed case and the next day the school in turn told me, "I guess they are just going to have to open another one." CPS has informed the school on numerous occasions their complaint is not a CPS issue, but a school issue (ie. lack of desire for classwork). No longer able to work during day because of the calls and if I work at night, school calls CPS for neglect (children are teenagers). School refused to release child to me, when there is no order of protection, until I first told them why i was removing him and after they call CPS (no open case, unfounded). CPS informed them they have no legal right and informed me I had the right to call the police. Seeing a psychiatrist now...

Attorney Answers 2


I would definitely suggest contacting an attorney to discuss your rights. I am not sure what has caused the school to act the way they did but it sounds like you might have a case.

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Write to the school special education director and ask for them "to evaluate your child for specific learning disabilities." It sounds like there may be some reason other than your actions that may account for your child's actions. At the very least, you can find out if there is any problem. the school must do the evaluation free of charge.

Send your request to them in writing so that you can prove when they got it - either certified mail, RRR, or by fax with a confirmation of the date received. That requires them to get you a Permission to Evaluate form within 10 days which upon your delivery to the school starts a 90 calendar day time clock to evaluate your child, have an IEP meeting, and propose an IEP to you. If you do not agree with their evaluation, then you should consult further with an attorney.

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