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Do I have a case?
Asked about 2 years ago - Stillwater, OK
My son is disabled and we have been having a problem with our school system. He has a special ed teacher that has said statements to him like "you will never get your drivers license because you can't read" "you will never get a job because you are to lazy and don't know how to do anything" there has been many other comments. I'm just wondering if I have a case?
Attorney answers (1)
I'm not sure what kind of case you are contemplating. Certainly, this teacher should be reported to the Department of Education in your state. You can file a complaint yourself, or work with an education attorney.
My main concern is that this person is charged with educating your son. There is an argument that the school has failed to provide your child with a free and appropriate education (FAPE) if the special education teacher is disparaging your son, calling him lazy, and your child is not able to read. The remedy for failure to provide FAPE is compensatory education.
NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
Cases like these are complicated. It is hard for me to give more advice without consulting with you further. I suggest you speak with a special education attorney in your area. You can find one at www.copaa.org.
Until then, I would encourage you to document each one of these comments and make the school aware of these issues in writing. You can learn more about creating a paper trail on my website.
My main concern is that this person is charged with educating your son. There is an argument that the school has failed to provide your child with a free and appropriate education (FAPE) if the special education teacher is disparaging your son, calling him lazy, and your child is not able to read. The remedy for failure to provide FAPE is compensatory education.
NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
Cases like these are complicated. It is hard for me to give more advice without consulting with you further. I suggest you speak with a special education attorney in your area. You can find one at www.copaa.org.
Until then, I would encourage you to document each one of these comments and make the school aware of these issues in writing. You can learn more about creating a paper trail on my website.
