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My son has been getting humilated during lunch/front of students by his principal. Is this HIB? What can I do during lunch she

Montclair, NJ |
Filed under: Education law

annouce his name on a microphone, "Last week while you were not here it was quite. If you do not stay quite I will right you more days up (meaning suspension)". Prior, to another incident, she stated to him infront of the his pupils during lunch time in the cafeteria on the microphone, "That this is her school and if she does not want him to eat here he wont and threw his oranges out." She also has mentioned to my son if he wanted his aide back since we had the aide removed. I have had conversations before with her last year to stop harrassing my son in such a demeaning matter of which I reported to her superior and they mentioned I had to handle it with her first. My son is an IEP student in the 5th grade. I do not know what to do anymore. He is getting upset and embarrassed

Attorney Answers 3

  1. Sorry to hear... I can't speak about HIB (not NJ attorney) but from the special education law prospective... why is she asking your son if he wants his aide back? That is a decision that should be made by the IEP team. A parent can call an emergency IEP meeting to discuss what is going on and how to resolve it. Without knowing his disabilities and needs, perhaps his aide support was removed prematurely... or, maybe he could benefit from a behavior support plan. You'll have to consult a local special ed attorney who can review his IEPs, assessments and cumulative file to see if there are other services that may be beneficial. Not sure about NJ, but here, most attorneys will offer a free consultation, and can be retained on a sliding scale basis (based on parent's ability to pay). Also note that IDEA (Individuals with Disabilities Education Act) allows parents to obtain statutory attorney's fees if they prevail in a due process claim, so you may find a special ed attorney who takes it on a purely contingent basis. More info can be found in any of the "parents rights" pamphlets/sheets you should have been getting at IEP meetings.

    (510) 343-6219. Special education & personal injury attorney. All responses are provided for informational purposes only. Readers should not act upon such material without consulting with an attorney. HEE J. KIM is only authorized to practice law in the State of California. Attorneys at MILLER WASHINGTON & KIM, LLP are only authorized to practice law in the States of California and New York, and South Africa. This information is only intended for the residents of the State of California. Nothing transmitted by HEE J. KIM or MILLER WASHINGTON & KIM, LLP, should be construed as legal advice or the formation of an attorney-client relationship. Contacting HEE J. KIM or MILLER WASHINGTON & KIM. LLP, either by email, telephone, facsimile, any form found on this site, or by any and all other means, does not create an attorney-client relationship. Any response by HEE J. KIM or MILLER WASHINGTON & KIM, LLP, or reliance thereon, does not form an attorney-client relationship. ONLY BY ENTERING INTO A WRITTEN ATTORNEY-CLIENT AGREEMENT, SIGNED BY THE ATTORNEY, IS SUCH A RELATIONSHIP FORMED.

  2. I agree that you need to speak with a NJ special education attorney. I aprqactice nin NJ and am available to discuss your situation. Call me at 856-308-3330 or 215-266-7872.

    In answer to your question, in my opinion the answer is that the Principal is violating the new NJ HIB. furthermore, unless the School Districte has conducted the "Safe Harbor" procedure to protect themselves from legal action, they (and she) have also violated the NJ Law Against Discrimination. Furthermore, the Principal's actions amount to intentional discrimination of a disabled student under Section 504 of the Rehabilitiation Act as well as the Americans with Disabilities Act which could casue the District to be subject to monetary damages. albeit minor in comparison, her actions also probably violate your son's IEP unless it is so inadequate as to be useless.

  3. Why does he have an IEP, and is it a 504? It makes a difference, and if there is a behavioral issue, it may be addressed in the IEP. Without seeing same, it is very difficult to answer this question, but suffice it to say, that the principal's behavior is wrong.

    The previous information is solely for informational purposes only. If you have further questions, please contact an attorney in your area for more specific answers. Responding to your question in no way creates an attorney/client relationship, and none of the specific guarantees of privacy exist. If you have found this information helpful, kindly check the "helpful" box.

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