Is your child’s school “safe, secure and peaceful”?

California’s Constitution guarantees the right to safe schools. “All students and staff of public primary, elementary, junior high, and senior high schools, and community colleges, colleges, and universities have the inalienable right to attend campuses which are safe, secure and peaceful.” Article I, Sec. 28(f)(1).

Is your child with a disability terrified of school? Is he afraid to use the lavatory due to unchecked marijuana vaping, assaults and overall lack of supervision in high school and junior high? Is she scared to step onto the school bus for fear of unrestrained bullying or hitting by other students? Were experienced special education teachers mysteriously replaced with untrained substitutes over the summer break? Was your child’s one-to-one aide removed? Don’t wait! If your child with an IEP seems petrified of going back to school, act now. Here are a few things you can do:

1. Request an emergency IEP meeting. Review your child’s placement, services and supports and meet with their entire special education team. School districts must hold urgent IEP meetings no later than 30 days from receiving your written request. Cal. Ed. Code §56043(l). (Feel free to cite this law). Meanwhile, visit your child’s school and observe their classroom and speak with instructors, aides and service providers. Also, look up each of your child’s teachers online to make sure they have the proper teaching credentials and training to work with children with disabilities.
2. Consider alternative, temporary educational placements such as independent study, charter school or private schools, while you fight to protect your child. You can also request a transfer to another school district within the same Special Education Local Plan Area (“SELPA”). Your SELPA is listed at the very top of every IEP. Contact the SELPA directly to request a transfer to a safer, more appropriate school program for your child. Do NOT disenroll your child from his school nor agree to sign an Independent Services Plan (ISP) as this can forfeit your child’s right to free and appropriate special education services.
3. Do not agree to change your child’s placement to a more restrictive classroom or agree to remove her aide or to reduce services such as speech or counseling. Yes, schools remain plagued with staff shortages, but they still must comply with your child’s IEP and meet their special education needs.

Previously, we encouraged parents to seek informal resolutions such as school-based mediations, compliance complaints and facilitated IEP meetings. However, this school year, an alarming number of parents (and some teachers) are reporting that the situation in their child’s school has become dire. Given the lack of staffing or transparency, parents believe their children with disabilities are in real danger at school. If you suspect that your child’s constitutional right to a safe, secure and peaceful school is being violated, immediately contact a special education attorney or agency. Please take a moment to review our blog on how to hire a special education lawyer or visit our website at www.AdamsEsq.com to schedule your free consultation now.