Do you have parents with special education services for children with autism or other disabilities? Have you experienced parental retaliation from a special education professional in the school district because you have advocated for your child? This article will introduce you to the US Department of Education's Civil Rights Office [OCR] definition of retaliation and their criteria for determining whether parental retaliation has occurred. In addition, this article will discuss whether retaliation can be reduced so that you truly become a meaningful participant in your child's education!
Article 504 of the Rehabilitation Act enforced by the Civil Rights Office states: "504 prohibits the recipient or other person from intimidating, threatening, coercing or discriminating against any individual to interfere with any rights or privileges guaranteed by Section 504. The individual has investigated, tested, assisted or participated in any investigation, litigation or hearing in accordance with Section 504.34 CFR 100.7[e]. One of the protected activities under Section 504 is publicity, if you advocate your child, Retaliation is prohibited.
The Civil Rights Office has published information that OCR complaints have increased at a very high rate [I think this is due to the number of parental retaliations attended by special education professionals]. The type of retaliation I have seen is the requirement for Child Protection Services [CPS], which prohibits parents from leaving school and may punish children. Parents need to withstand such retaliation and collect evidence of retaliation so they can file an OCR complaint.
OCR uses a five-point test to determine if a parent has experienced retaliation:
1. "Are parents involved in protected activities?"
2. "Do you know about protected activities in the area?"
3. "Is the parent or student suffering an unfavorable behavior?"
4. "Does a neutral third party believe that there is a causal relationship or connection between the protected activity and the adverse action?"
5. "Can the school district provide legal, non-discriminatory [non-retaliatory] grounds for unfavorable behavior, and neutral third parties do not consider it to be before the text?"
Some comments about the five-point test:
1. Under #1, advocacy is seen as a protection activity, as well as filing a state complaint or due process complaint.
2. Under #2, most special education professionals know parental advocacy, especially if parents file a complaint or due process.
3. Under #3, adverse action means a negative act, such as suspending a child or calling CPS and creating a complaint about child abuse.
4. Under #4, retaliation must be in close contact with a protected campaign, otherwise OCR may decide on your complaint.
5. Under #5, this is in some cases the cause of a parent's loss of a complaint - if the school can present a seemingly reasonable non-discriminatory reason, then the discovery may be for the parent.
OCR recently posted a letter from Dear Colleagues on Retaliation [April 2013], which can be downloaded at http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201304.html. This is a great resource to ensure successful advocacy.
The only thing that can reduce retaliation is enforcement, which is usually left to parents. I believe that you should submit an OCR complaint for retaliation by a special education professional [you can of course prove it]. Work hard to obtain documentary evidence to prove your case and include a five-point test in your retaliation claim [list all your evidence, of course]. Parental revenge usually occurs in the dark, and if the light is brought to it, the situation will improve! Never stop fighting for your child - he or she is worth it!
Orignal From: Parental retaliation in special education - how can I prove it - will it stop forever?
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