The Rehabilitation Act of 1973 is another federal law that prohibits discrimination against any student with a disability by any private or public school that receives fed-eral funds. You do not have to wait to react to discriminatory conduct at school. It is your right under the law to ask the school to conduct a 504 evaluation.
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Children with diabetes and other illnesses are often prevented by school personnel from participating in field trips and playing sports because of their special needs. This is often an unnecessary precaution that borders on discrimination. Students with spe-cial needs must receive appropriate treatment. For example, a diabetic student must receive extra time to finish lunch if necessary and be allowed to eat a snack as needed, even if the teacher does not allow eating in class. The medical needs of the student override the teacher’s rule.
The American Diabetes Association has legal information available on its website, including a sample 504 Plan, containing information that may be useful to students with problems other than diabetes. The website is www.diabetes.org/for-parents-and-kids.jsp.
BULLYING
Bullying is a typical problem for students. It is not enough to expect the child to han-dle the situation alone. Parents and teachers must become involved. The students par-ticipating in the teasing and bullying must be punished. If the abuse continues, parents should file a criminal complaint with the local police. They should also demand that the school district pay for a private school for their son or daughter, since the school was not able to stop the abuse. If, after you attempt in vain to engage the school to solve the problem, contact the school superintendent.
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TAKING ACTION—STEP-BY-STEP
1. If you believe your child has a learning disability or a problem requiring special services, ask the school to evaluate your child. Many parents already know their child has a problem—such as a speech impediment, depression, mental or emo-tional disturbances, or deafness—and may skip this step by providing their own evaluation by an expert to the school.
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NOOTTEE:: If you ask the school for an evaluation for your child, the school must provide one.
2. If you and the school agree that the child is in need of a special service, then the school must prepare an individual educational plan. Many schools are resistant to providing these services, so you must be assertive. If the school does not agree that your child needs special services, then you may appeal the decision to the local school board. Consider retaining an attorney that concentrates in school law to help you through this legal maze, because an appeal requires very specific steps, and you must follow them exactly or you might lose your right to an appeal.
3. If your child is being bullied, you must demand that the school deal with the bully immediately. Accept nothing less than a prompt end to all endangerment to your child. Demand nothing less than absolute protection for your child.
4. The bully’s parents must be confronted by the school. The bully should be told that his or her behavior is wrong and forbidden. The parents must be told that their child will be suspended or expelled from the school if the behavior continues.
5. Complain to the principal if a teacher does not react to your concerns. If the prin-cipal will not respond, then you must complain to the school board, and then to the district superintendent. Complain to your state’s superintendent of education, if necessary.
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NOOTTEE:: Hazing, which has occurred among teenagers in high school and has resulted in broken bones and stitches, can be considered another form of bullying. Do not hes-itate to contact the school regarding these situations.
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L e t t e r 9 . 1 : P r i n c i p a l — N e e d s o f
D i a b e t i c S t u d e n t
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Concerned Parent
1900 Foothill Boulevard Tarzana, CA 92159 213-444-8899
June 1, 2007 Headmaster Robert Chipping
Snooty Private Academy 32 Rolling Hills Drive Beverly Hills, CA 92110
Re: Diabetic Student’s Needs Dear Mr. Chipping:
My son, Junior, is a Type I diabetic. He needs to eat at frequent inter-vals so his blood sugar does not fall too low and cause hypoglycemia.
Junior’s Latin teacher refuses to permit him to eat a snack in class.
This is a problem because the class meets from 2 to 3 o’clock, hours after lunchtime.
It has also come to my attention that Junior was denied permission to try out for the school field hockey team. The coach told him that he was not a nurse for sick kids. Junior’s doctor has given permission for him to engage in sports at school.
Junior’s rights are being violated by the school. Please call me to arrange a meeting at your earliest convenience.
Sincerely,
Concerned Parent
L e t t e r 9 . 2 :
P r i n c i p a l — S c r e e n i n g C h i l d f o r L e a r n i n g D i s a b i l i t y ; F o l l o w - U p L e t t e r
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Jane Johnson 77 Sunset Strip
Los Angeles, CA 91130 213-333-7777
June 13, 2007 Mr. Osgood Conklin, Principal
Sunshine School 12 Education Street Los Angeles, CA 91130
Re: Screening of David Johnson Dear Mr. Conklin:
Please be advised that I am the mother of a second grade student in your school, David Johnson. He has difficulty paying attention in class.
His teachers have complained that he speaks out of turn and disrupts the class.
I have spoken with his teacher, Mrs. Bradford, and with the counselor, Mr. Jackson, about the need to screen for Attention Deficit Disorder (ADD) or Attention Deficit Hyperactivity Disorder (ADHD). To date, I have received no response. I am now writing to you.
Thank you for your prompt attention to this matter.
Very truly yours,
Jane Johnson Via Certified Mail
L e t t e r 9 . 3 :
P r i n c i p a l — N e e d t o D e v e l o p E d u c a t i o n P l a n ; S e c o n d L e t t e r
S c h o o l • 1 7 1
Jane Johnson 77 Sunset Strip
Los Angeles, CA 91130 213-333-7777
July 1, 2007 Mr. Osgood Conklin, Principal
Sunshine School 12 Education Street Los Angeles, CA 91130
Re: Screening of David Johnson Dear Mr. Conklin:
On June 13, I sent you a request to conduct a screening of my son, David Johnson, for Attention Deficit Disorder (ADD) or Attention Deficit Hyperactivity Disorder (ADHD). I have not had any response.
Please be advised that we have obtained a screening at The University of California for our son. Enclosed please find a letter from our expert, Dr. Rose Beck. She has diagnosed David with ADHD.
I want to schedule a meeting with you within the next week to arrange for the preparation of an individualized education plan (IEP) for David.
This should be in place before the start of the fall semester.
Sincerely yours,
Jane Johnson
L e t t e r 9 . 4 :
P r i n c i p a l — C h i l d ’ s R i g h t t o
I n d i v i d u a l i z e d E d u c a t i o n a l E v a l u a t i o n
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Jane Johnson 77 Sunset Strip
Los Angeles, CA 91130 213-333-7777
July 10, 2007 Mr. Osgood Conklin, Principal
Sunshine School 12 Education Street Los Angeles, CA 91130
Re: Screening of David Johnson Dear Mr. Conklin:
On June 13 and July 1, I wrote to you to request that a screening and an individualized educational plan be prepared for my son, David Johnson. I have not heard from you.
Now I am exercising my right to have an individualized educational evaluation (IEE) at your expense. I want another expert in the field of Attention Deficit Hyperactivity Disorder (ADHD) to evaluate my son. I am enclosing a list of three suggested experts from local universities.
Any one of these experts is acceptable.
Please contact me by July 15 to arrange for the IEE.
Sincerely yours,
Jane Johnson
L e t t e r 9 . 5 :
I am writing to you concerning the ongoing bullying of my daughter, Betty, occurring in your classrooms. The problem has worsened since our parent/teacher conference in April.
My daughter comes home in tears nearly every day. She reports that the children in the 6th grade class tease her unmercifully. They call her names and pinch and scratch her. At recess she has been cornered and kicked by a group of girls. These girls also call her obscene names and yell other insults at her. The playground monitor has seen this abuse, but has refused to get involved.
Something must be done to make this teasing and bullying stop. I am demanding that the school act immediately. You, as the supervisor of these children, need to address this problem. The school psychologist and other professionals need to become involved at once. This is a very serious situation. Please call me to discuss the solution to this problem.
Sincerely yours,
Lawrence Reed
L e t t e r 9 . 6 :
P r i n c i p a l — B u l l y i n g o f C h i l d ; S e c o n d L e t t e r
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Lawrence Reed 14 Exeter Lane Boston, MA 33333 222-343-5656
June 24, 2007 Ms. Sarah Ambrose, Principal
Longfellow Elementary School 9009 Poets Lane
Boston, MA 33333
Re: Bullying of Betty Reed Dear Ms. Ambrose:
I have not had any response from you concerning the bullying of my daughter, Betty. Another school year has come to an end without any response from the school.
You are required to make a reasonable effort to resolve and accommo-date my daughter’s needs. First and foremost, you need to instruct the students involved in the bullying, their parents, and their teachers that this is not acceptable behavior. It violates the school code and state law.
The behavior is cruelly directed towards a defenseless little girl for no discernible reason.
I expect you to remedy this problem before the start of the school year in August. This should include warning the children and their parents of the consequences if the bullying continues. The school code mandates suspension and expulsion of these students.
Very truly yours,
Lawrence Reed
L e t t e r 9 . 7 :
S u p e r i n t e n d e n t o f S c h o o l s — B u l l y i n g o f C h i l d ; F o l l o w - U p L e t t e r
S c h o o l • 1 7 5
Lawrence Reed 14 Exeter Lane Boston, MA 33333 222-343-5656
July 1, 2007 Superintendent District 3 Schools
Dr. Nancy Foote
120 West Highway 11 Boston, MA 33333
Re: Bullying of Betty Reed Dear Dr. Foote:
I am writing to you in a final effort to resolve the bad bullying situa-tion that exists at my daughter’s school, Longfellow Elementary.
Previous attempts to rectify the situation have been fruitless. The teachers, the school psychologist, and the principal have not helped at all. Copies of my letters to the school principal have been ignored.
(Copies of some of those letters are enclosed here.)
This situation cannot be allowed to persist. I am asking you to take charge of this problem immediately. Please call me to discuss this matter.
Very truly yours,
Lawrence Reed