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Infolawyer
Infolawyer, Partner
Category: Education Law
Satisfied Customers: 57687
Experience:  Experienced lawyer
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I am working with a parnet who has filled a complaint

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I am working with a parnet who has filled a complaint against the school for failure to follow due process procedures for her two special needs (504 health impaired students). Her child was placed in an alternative class room setting without being suspended or a change of placement agreement signed. It feels like retaliation? what should we do?
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: tennessee
JA: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?
Customer: the central office elementary supervisor is the person who placed the child in the class. No transfer papers were sent to the parent and she did not get suspension notice either.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The parnt has complained multiple times about the teachers physically hitting her children to the school principal and reported violations of special education procedures to the state department of educations general council. things got worse for all her children.
what can I answer for you?
Customer: replied 28 days ago.
I am working with a parent who has reported special education procedure violations ( due process and least restrictive environment) to the Tennessee State Department of Special Education general Counsel last year. Her children are coded health impaired (mental illness) now the school principal is harassing her regular education child ( zero tolerance him because he told a teacher to take her hands off him). He special needs child was sent to an alternative class for 45 days with being transferred or suspended and she was told it was for ten days, It is actually for 45 days. She only agreed to 10 days. Is this retaliation for reporting the issue to the state? It feels like it because multiple teachers are involved and the students don't get to tell their view of what happened.
Adverse treatment would be retaliatory and failure to take action is itself actionable in failure to care for students needs.I am sorry this happened. I will do the following: 1. suggest options for pursuing a case 2. preparation tactics 3. way to find a local lawyer if you still wish to involve one but can save on fees by following steps 1 and 2You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement!Please let me know if the reply is acceptable by responding "yes" or "acceptable"
Customer: replied 28 days ago.
should the parent contact the state department again or file a complaint with OCR educational division?
I would do both and preferably with counsel to add leverage!
Good luck!!Please let me know if the reply is acceptable by responding "yes" or "acceptable"
Customer: replied 28 days ago.
thank you! we will proceed with counsel!!!!
Very welcome!
Kindly rate me five stars.
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