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I feel like my child is being treated unfairly by his 2nd grade teacher what more can I do?
Asked about 2 years ago - Visalia, CA
I have made it clear to the principal and teacher that I'm not happy with the situation. I have asked for a classroom change, sat in class with my son and I am at a point where I just have to tell him to grin and bare it. He is ADHD and has had no efforts by the teacher to facilitate his needs. It is to a point where she has been embarrassing him in front of other students in the classroom and although I complained It has currently had no action taken. Frankly I'm tired of him crying everyday because of her persistent bullying. Any advice would be appreciated. Thank you.
Attorney answers (3)
go to the Ssuperintendent of schools and discuss the issue with them. Visalia has a "Schools of Choice Option" allowing you to go to other schools in district. There is also private school.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
Hello:
There are a bunch of issues, but first off- does your son have a 504 Plan for his ADHD (accommodations plan)? This is vital if he has ADHD and this impacts his learning. On the teacher, you can research the written complaint process in the District and request a transfer in writing as well. You will probably need an education law attorney to assist if they don't listen.
Best of luck.
Michelle Ball
There are a bunch of issues, but first off- does your son have a 504 Plan for his ADHD (accommodations plan)? This is vital if he has ADHD and this impacts his learning. On the teacher, you can research the written complaint process in the District and request a transfer in writing as well. You will probably need an education law attorney to assist if they don't listen.
Best of luck.
Michelle Ball
To add to Attorney Ball's response,if your child doesn't have a 504 or IEP plan, I would request that the school evaluate him for services. Children with ADHD often act impulsively because of their disability, and this can lead to school disciplinary action. It is always better to avoid this issue by proactively addressing the situation, often with a functional behavioral assessment and a positive behavior plan.
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.
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.
