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If my child is being retaliated, discriminated and harassed…

If my child is being...
If my child is being retaliated, discriminated and harassed against and she is on a 504 Plan, and the School administration is aware of this do we have the right to sue them from a civil standpoint. My child has been undergoing severe trauma because the one teacher who is doing this to her also us her coach. We just learned she hides in the bathroom 2nd period, throwing up, crying & convulsing because she is trying to calm herself before going to the 3rd period class which is where the teacher who is mistreating her is. What can we do? How can we obtain a lawyer who would understand this?
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Answered in 5 minutes by:
1/10/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 11,239
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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I'm sorry to hear about your situation. As a special education attorney, the answer to your question is yes, you can sue them for discrimination, retaliation, and harassment if they are doing these things based a disability that he has. The disability that they are suffering from and being subject to this behavior does not need to be a part of the 504 plan.

Typically, what most people do is file a complaint with the Office for Civil Rights. This is the federal government agency that handles these complaints against schools who may be discriminating against individuals with disabilities. I have personally dealt with the OCR when I worked for an education law firm and they are very serious about their investigation.

They typically will send a letter to the school and have them respond to the allegations.

I would probably recommend creating a detailed timeline that suggests where the discrimination, harassment, and retaliation occurred and the net result of that.

How else can I help you today?

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Customer reply replied 4 months ago
Please understand this is only a fraction of what has been happening for several months now o

I certainly understand. Did you get a chance to review my response to your question?

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Customer reply replied 4 months ago
How do I retain a lawyer that isn’t influenced by the schools or afraid to take on the schools large law firm Lozano & Smith???

Good question. What state is this in?

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Customer reply replied 4 months ago
California

Perfect. Most attorneys are not intimidated by that law firm. I have dealt with them myself here in California.

If you click here, you can find a list of low cost attorneys who specialize in special education matters and who may be able to file a complaint on your behalf. All of these attorneys and firms are licensed in California.

Did you have any other questions for me today?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 11,239
Experience: Licensed to practice before state and federal court
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Legal Eagle
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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