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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Education Law
Satisfied Customers: 17483
Experience:  B.A.; M.B.A.; J.D.
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My has been identified as a disabled child with sensory

Customer Question

My has been identified as a disabled child with sensory issues and adhd. He was kicked out of a college eceap program and not sure how to deal with it. My girlfriends brother and sister in law are teachers of 20 years now. They say what they did was wrong and actually illegal. The problem is I can't really communicate much with them about it because of my lady's strained relationship. He was kicked out one week then the next they said he can come in once a week for an hour to work on his learnin
Submitted: 4 months ago.
Category: Education Law
Expert:  Phillips Esq. replied 4 months ago.

I am sorry, but I am having trouble understanding your post.

Kindly review, edit, properly identify the parties and your issues, ask specific question(s), and resubmit.

Thank you for your cooperation,

Customer: replied 4 months ago.
My 5 year old son was identified as a disabled child. Adhd and sensory issues. He was kicked out of an early childhood education assistance program. I'm assuming the program is nationwide. Maybe not. But it is a federal program assisting parents with the burden childcare as well as early education. Early preschool. Federally funded. As an identified child of having a documented disability he has certain extenuating rights that prevent a school from just expelling a child from school or said program. In truth, even if it was a private organization I do know that he still has extenuating circumstances that prevent a school or more to the point an administrator from expelling a child as such. My son the 5 year old has therapy regularly to help alleviate or support him in his struggle to become what they say is normal. He also takes drugs to help with his rehabilitation or management of his disability until the doctor deems him no longer disabled as it was stated that as he matures he may at some point become independent. No longer being identified as a disabled child. In washington state there was the no child left behind act which roughly noted by my words only that if an institution received state and federal money to support this act they were to follow the state guidelines for progress year by year and was tested for every 4 years of a child's life in public schools. Or any school receiving this grant. Don't quote me on any of this as I'm expecting you to know what's going on truthfully. Basically law States that an identified disabled child has to almost no end be given the support they need to comply with these rules surrounding the act. My son was all but kicked out of his prior school because of said violent and threatening nature. They deemed him danger to other students and or staff. It didn't just start like this. I mean the removal from school. They started by reporting every stinking little incident that would happen at school involving him making him a threat and dangerous. A 5 year old. Stepid. He would in fact get violent but they hired extra staff for him. Trained them to restrain him if necessary. I was against at first as I do know that restraining him only makes his attitude escalate. But they said it was for the safety. I believed I had to follow their guidelines as they were government which in turn became
Expert:  Phillips Esq. replied 4 months ago.

The rest of post did not come true.

Kindly review for completeness.

Also, ask specific questions.

Thank you for your cooperation,

Customer: replied 4 months ago.
What was known. They called police several times for bullshit. We were not informed or we'll versed in law surrounding the situation. Police called for playing cops and robbers was it for me. They hit an ultimate low. Trying to say he legally became a threat to the safety of other students and was therefore taken from regular program and they created some special 7 saying he could continue school there one day a week for 1 hour. He was from 8-4 every day Monday through Friday regularly. Aalso they made schedules they knew we could not meet making us responsible for eventually cutting him from the program. He's 5. First of all a threat to be legal is defined as being made by a knowledgeable person. Someone who understands what they're saying. Can a five year old technically threaten someone. By legal definition that is. Also, can they do what they did legally. What the real deal was I think they just didn't want to deal with him or knew how to. I told them as he tried the same things at home but didn't get very far. He was definitely a terror at school at times but could not do at home. Would never even try anymore. He knows his boundaries now. Then at that time they were just all wrong. Maybe it was for the best as we found somewhere new where he fits in. I want to know if what they did was illegal. Kicking him out. Making his behaviors our fault. Their failures as caregivers and teachers our problems as parents. Did not believe that he did not do the same things at home. Tried to work with them as to how to deal with him. Gave them tricks. Offered them help. Would even allow for great transitions into the classroom. Even volunteer. They still ultimately went down the path found to be easiest. Can a person kick a disabled child out of school. If so then how and for what reasons.
Expert:  Phillips Esq. replied 4 months ago.

Thank you for the information.

I am glad to read that you have found a school that is a good fit your child and that he is doing much better now.

The way the school acted is not legal. My only suggestion would be to contact U.S. Department of Education and file disability discrimination complaint against the school. Click on the link below for the contact information:

http://www2.ed.gov/about/contacts/gen/index.html?src=ft#civil

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

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