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Steinlaw
Steinlaw, Attorney
Category: Legal
Satisfied Customers: 1811
Experience:  8+ years as an insurance adjuster, 7+ years as a personal injury and consumer law attorney
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I have two questions, relagting to my daughter who is 21 yrs.

Resolved Question:

I have two questions, relagting to my daughter who is 21 yrs. old and disabled. She is
currently still in the clark county school system until she is 22 which will be next
april.

My first question, is lenghty-- I went to pick her up from school last week. She has attended this program for two years. I have always parked in the handicapped parking
place when i pick her up. Lately, the school has placed the handicapped buses in the
back of these parking places making it impossible to use these spaces. There was enough room the other day between the two busses, so I parked in a space and proceeded to put up the handicapp placard. I was there for approximately two minutes
when I was told by a bus driver I could not park there. I stated that they were in
violation of the disablity act by blocking the spaces, so they should move the busses.

He asked me if I wanted to speak to somebody else, so I said yes. The school police
pulled up and parked behind me blocking me in. He came up and told me that I could
not park there, which I repeated my story that the busses were wrong for blocking
the spaces. He then told me to move my car. I told him that I couldn't because
he was behind me, I would run into him. He then stated if I wanted to talk to someone else. I said ok. I told him I would move my car if he could move his car. He told me
that I could talk to the Dean. I parked in the parking lot behind me.

I walked up to the Dean and was just beginning to speak to him, when another
man came walking up to me. I asked him "and who are you?" He told me that he was
the principal....he then stated, "Do you have a problem?" I told him that I didn't, but
the bussed were in the wrong for parking where they parked. I told him that was in
violation on the disablity act to block handicapped parking places.

He told me that I should park in front of the school with the other parents to pick
up Ashley. I told him that I had been parking there the whole time that Ashely
had been attending the school and I wasn't going to stop.

I told him that Ashley was a right-sided hemiparesis. He asked me if she could walk.
I told him that she could, but she limps and some days are worse than others.

He told me once more that I could park out front with the other students. I told him
no,because he was being discriminate towards her. I was going to continue to park
where I always had. About that time, Ashley was coming out of school. The disable
classes are always excused earlier so that they can get on the busses and be picked
up before the normal children are released.

He pointed to my daughter and stated, "Is that yours?" I was shocked. I told him
that she was my daughter and I would be taking this further.

I called the superintendent's office when I got home and told the assistant my story.
She stated that someone would be calling me back the next day. The next day, the
principal's secretary called to schedule an appointment with me on Monday.

In the meantime, Ashley's teacher was called into the office and asked about me.
As to what kind of person I was and what kind of parent. I find this outrageous!!
It is like he is on a witch hunt. I have the appointment on Monday. I need to know,
and I am sure I am right, that he was in the wrong with the way that this situation
was handled.

So that was the first question, now on for the second. I spoke to Ashley's teacher
extensively on Friday about the first situation. She then proceeded to tell me about
another situation that I was unaware of and now this needs to be corrected. The
teacher proceeded to tell me that this principal had moved the class to a new
classroom this year. This is the third time that she had been moved in two years.

This classroom, is not equipped with a bathroom and/or sink. Some of the children
are not toilet trained in the class, but those who are need assistance in the bathroom.
This takes either the teacher or aide out of the classroom to accompany the student
to the restroom down the hall.

The school recieves federal money to accomodate the disabled children for them to
receive the necessities that they require. The classroom that they had last year
that had a bathroom, now is housed for a Spanish club and Media club. This is
ridiculous!!!!! My daughter's class is not receiving the various services that they
require!!!! This is definitely against the Disablity Act and I would like to know,
what is happening to the monies that the school receives to accomodate them.

Thank you in advance for any advice you could provide me. My E-mail is XXX@XXXXXX.XXX. My phone is 1-XXX-XXX-XXXX. We live out in Las Vegas
and need some advice as to what our recourse would be.
Submitted: 4 years ago.
Category: Legal
Expert:  Steinlaw replied 4 years ago.
I am sorry you are going through this.

Question 1: I do not think the school handled it properly. The buses were clearly parked in the wrong spot. This would be an ADA violation. The principal never should have called th teacher. You would need to talk to an ADA attorney about how to rectify this. It may be just a letter to the school or it may be a lawsuit is appropriate if the buses are parked there on a regular basis and blocking the spaces. You would need to figure out if you want to pursue it that far.

Question 2: This sounds like it is a violation when the teacher leaves. Just having the classroom with no bathroom is not a violation. But if the teacher leaves the classroom then there is a violation. Again, a consultation with either an ADA attorney or an education attorney can help you figure out how you want to pursue this.

You are going to need to decide how much money/time/energy you want to spend pursuing getting these fixed. Talk to a local attorney about what they charge.

Good luck!
Steinlaw, Attorney
Category: Legal
Satisfied Customers: 1811
Experience: 8+ years as an insurance adjuster, 7+ years as a personal injury and consumer law attorney
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