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My son is on special education for emotional disturbance issues. He is currently in a Behavioral Support Services class. I need him removed from that class over safety concerns and lack of qualified personnel. I do not know if I will need to sue the district for this or not.

 

I need legal advice / help along those lines and no idea where to start.

 

Thanks!

Does your son have an IEP in place?  If so, does it address this?  Have you requested an ARD meeting?  There are a lot of steps to take before going to the courthouse.

  • Author

I don’t want to get into detail here, but, yes. All of that is in place.

 

I sent you a PM.

I don't recall ever seeing an "education law" type on here.  Closest would have been Mizzou, probably (Dennison?).

I imagine hornian knows someone.

My friend does HR for a law firm based in Austin.  They normally represent school districts across the US but I can ask her if it will help.

  • Author
My friend does HR for a law firm based in Austin.  They normally represent school districts across the US but I can ask her if it will help.


Please do.
  • Author

For future reference- if anyone needs this type of service, some education administrator friends of mine recommended this law firm for special education issues:

https://shieldsfirm.com

We're assuming this is in Texas?

You didn't specify & of course this is an important component to your needs.

PS:  NeverMarry isn't a lawyer, but he does have reasonable lawyer-ly advice from time to time.

Here is what my friend texted back to me last night.

Hi there! So since the kid is in special education, he would have an IEP. They can do an ARD meeting to review his plan. If they have already tried that and the district isn't willing to fulfill what parent thinks the kid needs, then they can file for a Due Process Hearing, which is basically special educationlitigation where both sides present and hearing officer decides. There are Advocate attorneys they can hire to represent the kid and parents.

 

I didn't press her for a lawyer rec since it look like you have one now.  Good luck

Edited by midtown

Not sure he handles cases outside Central Texas, but Marty Cirkiel--father of Austin restauranteur Shawn Cirkiel--has a very good reputation in this area. 

5 hours ago, South Austin said:

Not sure he handles cases outside Central Texas, but Marty Cirkiel--father of Austin restauranteur Shawn Cirkiel--has a very good reputation in this area. 

Yeah, but he said it's Fort Bend.  SW corner of Houston area.  Not really close enough to make it reasonable.

  • Author

Thanks all. I think I’m good for the moment. Waiting for the emergency ARD. I have a couple of teachers helping me navigate the process, as the district sucks.

Lon story short - my son’s BSS (behavioral support services class) teacher has been following the wrong BIP (behavior intervention plan) all school year. On Tuesday, my son came home with finger print bruises on the insides of his biceps, which were caused from an illegal hold.

So, CPS, Fort Bend ISD police and the district are all investigating. Lots of fun.

Marty Cirkiel is great for Austin area and does some statewide work.

Susan Soto is probably the go-to for the Houston area.

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