Speak Out!

Your Story

When Schools Retaliate Against Parents

Dear PA Children’s News,

I saw your website and I wanted to speak out about a heavy burden that I do not know how to handle. I have no idea where to go for help anymore because I searched for hours online, left tons of messages everywhere and still no luck. 

Here's part of my problem in a nut shell:

There are schools that choose not to help parents and their children in the way they should by law. One of the excuses the school district has used repeatedly is there are budget cuts that affect what services will be offered such as special education. I have a 13-year-old going in 8th grade and now a 5 year-old going into kindergarten this year, both diagnosed with ADHD.  Despite my asking for help beginning in HeadStart and continuing with the school, little to nothing has been put into place. 

I found an advocate who advised me to have the school district test my child, but they dragged out any help to the end of the school year. I never get Extended School Year (ESY) services offered to my oldest child. Last year was a nightmare for my youngest. I heard about a remediation program the district did offer and pushed to get him into it. During his first week he got into trouble, and I found out he was not getting the extra help I thought he would be receiving. The school district said he did not qualify for ESY services. I felt he was lucky to get into the current program. In the beginning they said his behavior alone, even diagnosed with ADHD, did not make him eligible for services under the 504 plan or IDEA. I have always had problems with this school district ever since my oldest started 1st grade. 

Now the most recent problem is the school district retaliating against me (for insisting they help my family) by reporting me to Family Services with a false allegation of negligence. I love my children with all my heart and have bent over backwards to try and get what help I could. 

What constitutes retaliation and how can the parents be protected? I sure would love to know. I have found that those parents who go up against the school system seem to always get knocked down one way or another. If you can assist me in my fight for justice I sure could use it please?

Editor Response: To answer the question – parents and others who advocate for persons with disabilities are protected against retaliation by the American with Disabilities Act (ADA). See Sec.36.206 Retaliation or coercion:

Sec.36.206  (b) No private or public entity shall coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the Act or this part.

The main site (www.ADA.gov) gives information on how to file a complaint.

Also, MHAPA advocates work closely with the state Office of Children, Youth and Families and believe that Deputy Director, Richard Gold is committed to offering children and families just and effective services. Please contact us directly at wluckenbill@mhapa.org ; 717-346-0549, ext. 3 if you believe schools have retaliated against you by referring you to your county Child Welfare agency.