Possibly filing a civil rights complaint against school

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This topic contains 2 replies, has 3 voices, and was last updated by  Dr. Eric 2 months, 2 weeks ago.

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  • #65012

    rhymia1
    Participant

    Has anyone on here filed a complaint against their child’s school due to a violation of the ADA? What was the outcome? Were you pleased or not? Was it a waste of time?

  • #65146

    ADHDmomma
    Keymaster

    I have not filed one, but I have used my knowledge of the fact that I can file one and the fact that I’m willing to do it to get the school to follow the law and my son’s IEP. The schools absolutely do NOT want a civil rights complaint filed against them.

    It’s discussed a bit in this article:

    IEP Step 12: Review and Reassess

    Penny
    ADDitude Community Moderator, Author & Mentor on Parenting ADHD, Mom to teen w/ ADHD, LDs, and autism

  • #90674

    Dr. Eric
    Participant

    It depends on what the issue was and what you want the outcome to be.
    It will be a huge pain in the rear to the school — which they will want to avoid.
    It also will likely increase the chance that their will be more attention in the area of complaint on their next compliance audit.

    However, the Feds don’t settle disputes on investigations.
    Their corrective action items are more systemic.
    A complaint will be a ding on their compliance and there will be some residual oversight.

    However, if they are found to be out of compliance, expect to see a lot of corrective actions that read as — “By (date 30 days from now), the LEA is ordered to have all of their staff attend a 3 hour training on the following procedures… and submit signed affadavits from all in attendance, one copy of the agenda, and one copy of the handouts.”

    Unfortunately, compliance and procedures don’t necessarily improve outcomes. It may be worth it if they decide to make sure you don’t get any staff members that they consider legal liabilities (AKA – bad employees, or good ones who are bad with paperwork) in the future.

    Plus – They will want to work with you and avoid it. (Which you may be able to get if the problem is at the site-level, give the district-level folks an opportunity to correct.)

    Negatives – It will be a lot of effort on everyone, but no guarantee they will do a better job. Their paperwork will be tight from now on though.

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