Would I have a case?

[mumtoakl]

What is the name of your state (only U.S. law)? Oregon

Hello, my problems started with my local school district years ago but only got horrible in December of 2011. My son is disabled and was attending a special classroom in another district. I chose this placement over the regular kindergarten in my home district because I didn't feel my home district could handle the 16 food allergies my son has. When I called to talk to his teacher, she lied right to my face and then lied to her supervisor who then lied to my district within 17 minutes. My district then replied with a defamatory statement regarding a communication protocol that doesn't exist. I have documentation of this. The district's union rep made the same defamatory statement to the bus driver they terminated for advocating for my son (recorded by her at her meeting with their knowledge and she gave me a copy), again I have documentation that the communication protocol doesn't exist. When I complained to my district board, they gave me a two sentence response and stated they found no wrongdoing with anyone named in my complaint. I pulled my son out of school on December 7th because I couldn't trust the staff to keep my son safe.I've filed an appeal to the state superintendent on February 7th and I'm still waiting for response. Since December, this district refuses to acknowledge any wrongdoing and refuse to either release him or place him in the regular kindergarten in my local district. They continue to state he has to go to the special program because and that is my ONLY choice yet in March of 2011, I have emails asking me where I wanted him placed. I feel this is unequal treatment and retaliation against our family because I complained.
In February, my oldest daughter, was bullied, pushed and spit in the face by another student. The other student only received an in-lunch detention. When I complained that I didn't feel this was adequate along with emails asking for a copy of my child's incident report, they had the schools' attorney send me a letter telling me that I was no longer allowed to speak with the school regarding any complain/legal issues. It took the principal/superintendent (same person) three weeks to give me a copy of her incident report. As well, another student had "lightly tapped" a student in the head a week after my daughter's incident and that student received an out of school suspension. My oldest was threatened with a knife just and when the lawyer replied with the superintendents response, he lied and put different words in my daughters mouth. They state since they didn't find a knife, Alyssa was never in danger. I feel this school district has made defamatory remarks about my family that directly affected how the Lane School (special program) chose to respond to me when I finally was able to speak to the supervisor 5 days later. I also feel the school has used intimidation and retaliation with the use of the attorney because the superintendent doesn't like to talk to parents that complain. I feel this is unequal treatment and I doubt the school uses the attorney (paid with school funds) on all the families. My kids are in a hostile situation. My son has been denied an education because of their retaliation against our family. Is there anything I can do? I have many more details and documents. I cannot afford much for an attorney but I'm hoping someone will have pity and will also want justice against school districts that feel they are above the law.

 

[Silverplum]

What is the name of your state (only U.S. law)? Oregon

Hello, my problems started with my local school district years ago but only got horrible in December of 2011. My son is disabled and was attending a special classroom in another district. I chose this placement over the regular kindergarten in my home district because I didn't feel my home district could handle the 16 food allergies my son has. When I called to talk to his teacher, she lied right to my face and then lied to her supervisor who then lied to my district within 17 minutes. My district then replied with a defamatory statement regarding a communication protocol that doesn't exist. I have documentation of this. The district's union rep made the same defamatory statement to the bus driver they terminated for advocating for my son (recorded by her at her meeting with their knowledge and she gave me a copy), again I have documentation that the communication protocol doesn't exist. When I complained to my district board, they gave me a two sentence response and stated they found no wrongdoing with anyone named in my complaint. I pulled my son out of school on December 7th because I couldn't trust the staff to keep my son safe.I've filed an appeal to the state superintendent on February 7th and I'm still waiting for response. Since December, this district refuses to acknowledge any wrongdoing and refuse to either release him or place him in the regular kindergarten in my local district. They continue to state he has to go to the special program because and that is my ONLY choice yet in March of 2011, I have emails asking me where I wanted him placed. I feel this is unequal treatment and retaliation against our family because I complained.
In February, my oldest daughter, was bullied, pushed and spit in the face by another student. The other student only received an in-lunch detention. When I complained that I didn't feel this was adequate along with emails asking for a copy of my child's incident report, they had the schools' attorney send me a letter telling me that I was no longer allowed to speak with the school regarding any complain/legal issues. It took the principal/superintendent (same person) three weeks to give me a copy of her incident report. As well, another student had "lightly tapped" a student in the head a week after my daughter's incident and that student received an out of school suspension. My oldest was threatened with a knife just and when the lawyer replied with the superintendents response, he lied and put different words in my daughters mouth. They state since they didn't find a knife, Alyssa was never in danger. I feel this school district has made defamatory remarks about my family that directly affected how the Lane School (special program) chose to respond to me when I finally was able to speak to the supervisor 5 days later. I also feel the school has used intimidation and retaliation with the use of the attorney because the superintendent doesn't like to talk to parents that complain. I feel this is unequal treatment and I doubt the school uses the attorney (paid with school funds) on all the families. My kids are in a hostile situation. My son has been denied an education because of their retaliation against our family. Is there anything I can do? I have many more details and documents. I cannot afford much for an attorney but I'm hoping someone will have pity and will also want justice against school districts that feel they are above the law.

IMHO, a child with that many food allergies can't safely attend any school.

 

[tranquility]

Not only do we have enough facts to determine if anything was done wrong in EITHER instance, but also it seems the OP thinks the world owes her what she thinks is fair.

Personally and as a guess, the second incident is gone and there is nothing to do. In the first, there may be something in not developing a plan for the child's education in an approved way. Yet, I would also *guess* the OP did not take the proper steps for a due process hearing.

 

[Zigner]

And, the OP unilaterally pulled the child out of an agreed upon placement. The district is not denying the child an education.

 

[tranquility]

I agree there are all kinds of facts against the OP. But, we don't want the child hurt because mom was....hmm....a.....middle eastern pocket bread.

 

[Zigner]

I agree there are all kinds of facts against the OP. But, we don't want the child hurt because mom was....hmm....a.....middle eastern pocket bread.

The point is that the mother agreed with a placement and has now unilaterally chosen a different placement. That's a big no-no and the mother is going to be hard-pressed to hold this against the district (either one.)

 

[Ladyback1]

What is the name of your state (only U.S. law)? Oregon


In February, my oldest daughter, was bullied, pushed and spit in the face by another student. The other student only received an in-lunch detention. When I complained that I didn't feel this was adequate along with emails asking for a copy of my child's incident report, they had the schools' attorney send me a letter telling me that I was no longer allowed to speak with the school regarding any complain/legal issues. It took the principal/superintendent (same person) three weeks to give me a copy of her incident report. As well, another student had "lightly tapped" a student in the head a week after my daughter's incident and that student received an out of school suspension. My oldest was threatened with a knife just and when the lawyer replied with the superintendents response, he lied and put different words in my daughters mouth. They state since they didn't find a knife, Alyssa was never in danger. .

Hmmmm....how is it that you're privy to the discipline of another student? That isn't any of your business.

Not only is it none of your business, it is a breach of confidentiality. Most schools have policies in place that prevent them from discussing disciplining other students with parents! Perhaps you need to quit stirring the pot, and work with the school district instead of against.

 

[Hot Topic]

Interesting how everything is, "I feel." The real problem is you. Your child is secondary. You would benefit from some private counselling