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attyadvisor
attyadvisor, Attorney
Category: Education Law
Satisfied Customers: 6206
Experience:  28 Years Education Law
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I have filed a lawsuit against my son's school compliance

Customer Question

I have filed a lawsuit against my son's school for non compliance with his 504 with the Office of Civil Rights. hey have formally opened up an investigation into the allegations. however, his teachers continued to send me emails saying they would not comply with certain regulations because it went against school policies (though the 504 was created at the same school). I responded very sarcastically to their non-compliance.
In response I received this email from the principal. IS this even legal: "At this time, I am going to require that you no longer communicate in any form with xxxl’s teachers directly (email etc.). Any concerns that you have must instead be emailed to xxx until such time that I deem it is appropriate for you to have contact with xxxx’s teachers. In turn, xxx will relay your concerns or questions to teachers in an appropriate manner. Further, I ask that if you wish to speak with xxx that you make an appointment to see him and not drop in unexpectedly. At this point, I find your emails to be unproductive. Further, I have seen the email you wrote to Mr. xxx last night about extended time. I will be providing you with a response to your concern sometime this evening.
Additionally, my son has now been diagnosed with major depression and is failing though he is twice exceptional and the school has done nothing to help him cope with his academics despite serious depression issues.
Can a principal in fact prevent a parent from communicating with teachers; basically the principal is allowing the teachers to continue to discriminate against my child and not allow me to advocate on behalf of my son. Please what should I do?
Submitted: 1 year ago.
Category: Education Law
Expert:  attyadvisor replied 1 year ago.

“I have filed a lawsuit against my son's school for non compliance with his 504 with the Office of Civil Rights. hey have formally opened up an investigation into the allegations. however, his teachers continued to send me emails saying they would not comply with certain regulations because it went against school policies (though the 504 was created at the same school). I responded very sarcastically to their non-compliance.”


Have you actually filed a lawsuit or just the complaint? http://www.doe.virginia.gov/special_ed/tech_asst_prof_dev/section_504_implementation_va.pdf

"Can a principal in fact prevent a parent from communicating with teachers; basically the principal is allowing the teachers to continue to discriminate against my child and not allow me to advocate on behalf of my son. Please what should I do"

.

This is unusual however, it sounds as though the principal may have interpreted the sarcasm as harassment. Not sure what you said but I can certainly understand your frustration.

.


The Superintendent is the next level as far as who you would want to contact.

,

You can go directly to the State at http://www.doe.virginia.gov


Have you contacted a civil rights attorney? Where are you located so I can provide a link for attorney's that provide free consultations in your area.

Customer: replied 1 year ago.
I filed a complaint and the OCR has accepted it and has said they will look into the allegations. This is the email I sent:
I find it so incredibly heart-warming that you have so generously offered him ONE additional day considering the fact that he is both "mentally and physically fragile" (BTW phrase used
by medical doctors not me) at this point. Thank you for wanting xxx to succeed, it is so heart-warming for a parent to know that teachers truly care for their child's success*
How is this harassment? Why isn't this retribution against me because of my grievance with OCR?
Expert:  attyadvisor replied 1 year ago.

"I filed a complaint and the OCR has accepted it and has said they will look into the allegations. This is the email I sent:

I find it so incredibly heart-warming that you have so generously offered him ONE additional day considering the fact that he is both "mentally and physically fragile" (BTW phrase used
by medical doctors not me) at this point. Thank you for wanting xxx to succeed, it is so heart-warming for a parent to know that teachers truly care for their child's success*"

I see what you are saying and I agree with you.

.

"How is this harassment? Why isn't this retribution against me because of my grievance with OCR?"



In the meantime while the OCR is looking into the allegations you have every right to go above the principal in this situation. It could most certainly be retribution against the complaint.

In fact it sounds petty enough on the principal's side to be retribution.

.

Have you spoken to the Superintendent?

I would also like to provide you with a link for attorneys in your area that provide free consultations as they would be able to provide specific advice rather than the general information that this site provides. This principal needs to be held accountable by moving through the ranks.

Expert:  attyadvisor replied 1 year ago.
I wanted to follow up with you to see if the information I provided was helpful to you.

Please let me know if I can be of additional service to you.



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