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son was suspended from school 10 days for requesting to use restroom

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gabesnana98

Guest
my son is add & has an iep. he was sent to pic for tardiness. he asked to use the restroom & was denied the first day. 2nd day requested again, denied, suspended for 10 days for defiant behavior & disrupption of school. he was not threatening, loud or uncontrollable. he was released @ 9:30 am without any adults contacted on his emergency card. i am in new job -2wks & didn't have a number for my son to call me. he is entitled to home instruction & has not received it - nor has the school called me for a conference which he was supposed to have. i live in elyria oh & he attends elyria high school which is a public school.
 


HomeGuru

Senior Member
You have grounds to sue the DOE and ALL the individuals involved in their respective capacities. Have your attorney cite both State and Federal laws. Be aware that there are 2 sides to the story.
 
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gabesnana98

Guest
son suspended

I thank you for your reply so soon. I went to the school yesterday 3/22/01 to meet with the principle & get my son the education he is entitled to. I did not have an appointment. He met us with an attitude & I took my sons' mentor with me & she was totaly shocked as well as I was. He told me I was wasting his time before I could say one word. After being persistant & not leaving, I brought up the restroom incidents between his yelling. I laid their policy book down on his desk & asked him to show me the page that defines restroom or PIC policies. He threw it in the trash can & when I asked for it back he told me I threw it away. I'm not a prejudice person by nature. I have never had any dealings with him. I had heard rumors & so had the mentor. Both of us being women we had heard he is a hot head I also had heard he is a racist. Until he threw my book in the trash & accused me of doing it - I was still being open minded yet angry. I asked if it's because my son is white & his reply to me was "if thats how you want to take it, feel free". Can you e-mail me what state & federal laws are involved here. I tried yesterday afternoon to find an attorney who would touch this & no luck. Minors don't have the same civil rights as an adult so the schools can dictate to them when & where to use the restroom. I called an urologist & found that I am correct my son could develope a bladder infection or any other person if not permitted to use the restroom. Another boy was suspended the same day because he also requested to use the restroom - he felt nauseated & wanted to spit or throw up. He also was suspended for the same as my son. Defiant Behavior-refuse to serve pic & disrupption of school. Spitting is not allowed so when the teacher told the other boy to get out-he left also instead of staying & be suspended for spitting/vomitting. He is also white. From other people we have heard he yells alot at the white kids but not the black ones. There is another man at the school who works in the resource room who is also black. Totaly different man-very pleasant, respectful & all the kids like him. The first time I met him, he shook my hand & introduced himself. I would appreciate your reply back one more time as to what state & federal laws need to be addressed. I may have to go out of town for a lawyer. Thank you for your help. Dawn Woodings
 
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Elliotg

Guest
Contact either your state's bar association and/or your local county bar association (if there is one). They should be able to refer you to a competent attorney (civil rights law/administrative law). They probably charge a minimum fee $40 for the referral. Many attorneys do not charge a fee for an initial office visit. You need an attorney. Based upon the facts as presented, if accurate, I probably would have been interested, but I am just a Florida attorney.

Good Luck
 
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gabesnana98

Guest
sons suspension

Thank you Mr. Elliot, I wish you were here, too. I need all the help I can get. This is my second day at home waiting for an answer from someone, I have a headache that is making me sick (on a pain level of 1-10: I'm at 11), my chest is beginning to hurt & now I have found out that nobody here will want to touch the case because it's racial. We're white, the principle & the teacher are both black. My son should have had a manifest hearing & 1 wk from today will be the day he returns from his suspension only to be put back in PIC. I would love to just pack my bags right about now. Again, thank you for all of your advice. Dawn
 

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