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CalAttorney2
CalAttorney2, Attorney
Category: Education Law
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
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My unmedicated ADHD 12 year old daughter has experienced

Customer Question

My unmedicated ADHD 12 year old daughter has experienced mental hazing from the Special Resource teacher and her para-educator for 18 months. This has been documented with her pediatrician as she suffers from physical ailments due to this mental hazing. She lost over 7% of her body weight in less than a week due to this. The principal has threatened me with truancy laws etc. I am a single parent with little money and fewer resources to get my daughter away from these people who act like they care. Does my daughter have to attend this school? What ramifications are there against me if I keep her home until I can get the help to figure this out? Isn'the the school district financially responsible for this. Please help as she is mentally and physically deteriorating. Thank you!
Submitted: 10 months ago.
Category: Education Law
Expert:  CalAttorney2 replied 10 months ago.

Dear Customer,

I am very sorry to learn about this situation, and that your daughter is being traumatized by the individual(s) that are supposed to be helping her.

The state of Washington Superintendent of Public Instruction has a website with information giving you a centralized resource for information and laws detailing your daughter's rights and protections as a student in the school system: http://www.k12.wa.us/specialed/

This includes how to file a complaint when the special ed department is failing your student: http://www.k12.wa.us/SpecialEd/Families/Complaints.aspx

Check locally for special needs resources - usually affiliated with county resource centers or resource groups - as these often have assistance for families as they deal with IEP issues and related problems.

Your first obligation as a parent is to protect your child, if her current school is hazardous to her, you do not have to send her while you are resolving this. Understand that a truancy claim may result from this - so make sure that you keep your documentation together and be prepared to defend the matter if necessary. However the fact that you are actively pursuing a dispute and resolution, as well as have documentation of physical as well as mental distress due to the school's actions will be taken into account in the event that the school carries through on its threat (threatening a parent in this manner is just further evidence of ill will and unprofessionalism in dealing with poor performance by a resource specialist).

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