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Originally Posted by Bruce's_Mom THEY CANNOT TRANSFER HIM WITHOUT AN ADMINISTRATIVE REVIEW IT IS ILLEGAL!!! The law is very clear a handicapped child cannot be removed from his/her educational setting until there have been approriate administrative reviews. There is a law called the Education of the Handicapped Act, included in this law is a stay put provision, 20 U.S.C.A. § 1415(e)(3), it is very clear he cannot just be removed at the school's wimb! If there is a modification to his educational plan that is substantial it warrants review, if you get administrative review and are displeased with the outcome then he is still entitled to stay in his school pending an equitable review by a district court. YOU HAVE EVERY RIGHT AND GROUNDS TO FIGHT THIS!!!
Tell them you are aware of the law and you are getting an attorney that specializes in special education law! That may get them to back down.
If not I do reccomend an attorney damage awards in these types of cases are often high enough they are taken on contingency basis and because they have the potential to produce public impact litigation attorneys love them...
I know of one firm in Georgia that handles this:
Gray, Rust, St. Amand, Moffett & Brieske LLP
Atlanta, Georgia 30309
(404) 870-7376 |
yeah but are the laws the same from state to state?....... could you list a website on these laws in the state where she is from? that way she can print it out and throw it in their face
