Legal Question in Disability Law in California
My son is a 5th grader in elementary school. He is autistic and in a special day class. Today when I picked him up from school, he told me that when he was waiting to be picked up, that his teacher asked him to move away from another child in line, because that childs mother didn't want my child around her son. I went in the school office and asked to speak to the teacher and told her what my child said. She said that yes, that she was told to separate the other child from mine. I asked if his mother requested this, she said that was confidential information. My child has done nothing to this other child at all. They have been in the same class since 1st grade. The other child was moved to my sons class 3 days ago from another child and the request was made for her child to be separated from my child, before her child was moved to my childs class. Is it legal for schools to separate kids for no reason, but a parental request, if its not, does that parental request have to be made in writing? Since he is in special education, does this somehow violate my childs rights?
2 Answers from Attorneys
It seems to me that what occurred might be discriminatory. You might speak with the site administrator about the incident if you got nowhere with the teacher.
No reason? I can speculate that the other child's mother has heard complaints or concerns about the behavior of your child, and requested remedy from the school, who is now in a cross-fire between you two. So, as one child's mother you claim to have rights to demand certain action and 'protection', but the other mother doesn't? Yes, your child has a few rights, to be free from actual discrimination, but that is not the same as being immune from criticism and consequences for his conduct, whether caused by his medical condition or not. I also speculate that if your child was concerned about the behavior of another, you would also demand remedy from the school. similar to what you described. With all that said, if you can show that the school is improperly 'discriminating' against your child without valid basis, you can seek correction and/or take legal action. This should be resolved with discussion among the parties, before seeking expensive litigation.
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