California  |  Disability Law

Legal Question

Asked on: 12/15/10, 1:29 pm

my son is 21, and attends a class for disabled children in the public school system. at least he did. he has cerebral palsy, is autistic and suffers from seizure disorder. in the past 2 years, he has been taken from school to the E.R. due to seizure "clusters." per the teacher's request, we had provided a helmet for wear during school hours, to protect his face and head if he fell due to seizures. recently, his school's nurse corresponded to me and my son's neurologist, stating that she felt the seizures should be contained, and inferred they would be if his medical treatment plan and my dedication to having him seen regularly (two things she has no reason to put in question), were more well established. also, she opposed the type of helmet provided, complaining about the time it takes to remove it, etc. she stipulated that until the helmet were replaced with one that does not provide face protection but is her preferred type, and the neurologist and i managed a better teamwork approach, my son would not be allowed back to school. he has since been disenrolled. if he weren't having the seizures, there would be no problem with him attending. to my knowledge, no other child with seizures has been prevented from attending. i have written (via e-mail) several other district personnel members and have been apathetically ignored. i will be following the grievance procedure outlined by the district, but due to prior complications with the system and the time taken to get a response, i am interested in knowing if there is also a legal angle that could/should be pursued and i know very little about my son's rights or the law. please help if you can.

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