violation of due process / class action lawsuit.

I live in Yuma Arizona and I am looking for an attorney to set up a class action lawsuit against the school district. About 6 months ago I filed a federal civil rights complaint against school personal at my son’s school. The results from the complaint came in yesterday by mail. And the US Dept of Ed found that there was no discrimination in my son’s case, but they found that the school did not follow school and district policy during the 2008-2009 school year and subsequently referred all students to the juvenile hall justice system in violation of set school policy because of staff in experience and position eliminations.

I need someone to represent this case in court. My son along with other students were needless referred to the criminal justice system when there were other alternative actions set in place that were designed to be procedural safe guards. Parents paid money and kids were exposed to a system that they should not have been in because the school did not follow policy. It all basic, they had set policy's to follow and they did not and a lot of kids paid the price. Is there an attorney in this area or near by that formilure with these types of cases.

thanks

Unless there is some violation of law I fail to see your point----whether or not school follows its own written policies is pretty much an internal problem. And as a practical matter the Board could change its policies at the next meeting .

At least in my state if a Board failed to follow its own written policies you'd need a suit in mandamous against the borad--which would be sort of useless--they's merely rewrite the policy!

I think it may be a poor use of public resources for one entity to curtail an inexpensive discliplinary approach and dump the burden or a more expensive tool--and as a taxpayer in Yuma I should be outraged--but its not illegal to do so--and in one sesne if we want schools to cut back on costs I see the schools point .

The problem in my area seems tobe that we don't shift the discliplinary burden back on the bad apples to any extent.

What I suspect is happening is that better off parents are being required to get private defense attorneys for what should have been  relatively staightforward  internal discliplinary steps and  parents at the bottom end of the economic scale are turning the defense burdens over to public defenders--so in effect school has side steped say a $100 problem and dumped a $1000 problem on larger taxpayer body--OUCH!  

And in my schoool it probably would have a disparate impact along race lines--and that might be actionable --but thats not the question you pose.

For example if white students where it was "assumed" the parents were better off were referred to criminal justice system or some other rules and black students where it was "assumed" they came from more limited backgrounds  were rarely if ever referred to criminal justice system for same level of issues --you might well have a discrimination point. Of course in some areas the perception of selective enforcement by race might be reversed.

My personal prediction is that your class action lawsuit goes nowhere in the context of your post!

Frankly as an aside I'm a bit annoyed that as a taxpayer in my local system we often spend 1000% yes 1000% not a mere 100% EXTRA to address discliplinary problem students--and were I on your local school board I'd probably merely retune the written  internal policy --especially at grades 6 and up. Locally we'd probably want to send a kid in 4th grade with a plastic butter knife in his lunch bag up for expulsion but a thug who merely used his boots to stomp and kick some kid in the head to the poin tthat kids survival was in question  --we'd give the stomper a free pass as the problems to prosecute at too daunting!

I will give you a quick up date on my case. The school accepts federal dollars to be in compliance with federal IDEA safeguards for students with disabilities. The school in my case failed to follow policy by notifying the school nurse if they thought my son was under the influence. They failed to follow due process rules which are set by the stated and federal department of education.

They failed to have any witnesses present during my son first disciplinary hearing. During the cross examination they failed to present any evidence that had against my son other than reading from a report. They failed to follow stay put rules while I was appealing their decision. They keep my son in an alternative school setting for the whole year. Federal IDEA rules say no more than 45 days.

The principal lied about his previous testimony when being questioned by an attorney I hired. The questions was questioning his about third party hearsay and attempting get my son to testify during the initial school hearing while criminal charges were pending. *** Side note: the criminal charges were dropped and he paid a fee for smoking a cigarette on campus. The problem I am having is I have complained about the school personnel before regarding my sons IEP.

I believe the school took advantage of a situation and tried to get rid of two birds with one stone. I am currently in court representing my self in a request for judicial review of an administrative decision for abuse of authority. And get this the school accepts federal funds for special education and in return they have to be in compliance with federal safe guards rules in order to keep accepting federal money.

Part of the due process for children with disabilities is that they get IDEA booklets when ever disciplinary action has been initiated. In this book the school passes out. It clearly states that after the final administrative decision has been heard any party aggrieved by the decision my apply for judicial review in a State District court. Now this is a public school, they have not even tried to defend all of the violations I alleged or disputed the fact that the principal is on tape and written transcripts changing his prior testimony during a school board hearing. What they are claiming is that they are a political subdivision of the state and are exempt from judicial review.

I can’t believe don’t even try and defend against the other charges. The school receives funds from Yuma County. If the schools legal fund for cases were to exceed its limits they can go to the county to raise more funds. The school holes property in the name of Yuma County. If the school were to lose a civil case. The funds are paid by the school and not the state of Arizona. My case has been dragging on for about 6 months and they refused to comply with any notice of action and I find it hard to believe that a public agency can use public funds to defend someone that has violated professional ethic standards.

The principal lied during a recorded board meeting. He was being questioned by a licensed attorney. His testimony was being relied on by the board. They chose to ignore all the evidence that was present and up hold the school decision. I believe the school boards actions show great negligence in the retentions and training of it employees. I have a hearing scheduled for a motion to dismiss my case present by the defendants for failure to state a claim. It’s a standard way to dismiss cases with out actual dealing with the case. And it looks like this judge is following the same cues as the boards.

None of my many motions have been addressed.