Are you a parent of a child with learning disabilities or autism that feels like special needs teachers are in favor of you? Has the child been postponed by the school because you have complained about the child's treatment? This article will cover Chapter 504 of the Rehabilitation Act, Revenge and how to use the information in this article to prove a punishment.
Section 504 of the Rehabilitation Act is federal discrimination law and applies to any person receiving federal funding; which all public schools do. The child can not discriminate on the basis of their disability. This law also denies retaliation on the basis of an individual involved in protected activities (a spokesman for protection is considered a protected activity). The Office of Civil Rights is a federal office enforced in section 504. All complaints against retaliation may have been filed with or taken directly to the courts.
The Office of Excellence has developed 5 parts of the test to determine whether the school district has participated in a prohibition of retaliation. You can use these questions to help prove your case. These 5 questions are:
1. Has a parent / student been involved in a protected activity? Protected activities could be filed a complaint by the state, filing a complaint for trial proceedings. What kind of advocacy could have been considered a protected activity.
2. Was the neighborhood aware of protected activity? This would not be difficult to prove, especially if the penalty is based on making a complaint or because the case is in the right place.
3. Did the parent / student suffer harmful actions? This could be any kind of action that would harm your child or parent. Examples of adverse reactions may include: child's suspension or expulsion, suspension from involvement in external activities or preventing parents from entering school grounds – in other words, prohibiting them from schooling. This seems to me to be a brand new technology found in the United States. Parents are prohibited from getting to school because of their advocates. This is a violation of section 504 of the Rehabilitation Act, in my opinion.
Another harmful action I hear about quite often is a school environment that calls for child protection services against parents! My friend had this to her because she refused to choose her child at school when the school thought she should! Child protection services cleaned my friends and even stood up in the school district for my friend. Without the school there are real signs of abuse; This action can be seen as revenge!
4. Will a neutral third party decide that there is a causal link or relationship between protected activities and harmful actions? Is there sufficient evidence to conclude that protected activity would probably be the cause of harmful actions? How close to the time was the unlucky operation of the case?
5. Can the school district offer legitimate, undefined reasons for malicious actions, which a neutral third party does not consider to be textual? In other words, if the school district can show that the action has been taken for someone other than revenge, they will win a claim. For example: If your child says that he or she can be postponed for behavior, and they are closed after being accused, it would be difficult to prove that the reminder is the one that caused the postponement. But if your child has a non-slip behavior plan, it's easy to prove that a school suspension is associated with your reminder.
Use the information in this article to help you decide if you can prove a return, an OCR or a court order. Remember that revenge has occurred after the protection of activities has been filed – must be closed in time for protected activities – and must be linked to protected activity. Good luck!