Discrimination and harassment in school

This is a discussion on Discrimination and harassment in school within the Miscellaneous Topics forum, part of the OTHER LEGAL ISSUES category; For the past 4 years i have had many medical problems involving my knee. I had my first knee surgery ...

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Old Mar 6th, 2010, 02:59 PM   #1
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Default Discrimination and harassment in school

For the past 4 years i have had many medical problems involving my knee. I had my first knee surgery in 7th grade and now i have just had my 3rd knee surgery 5 weeks ago. At my school they have discriminated against me, in 8th grade i had a teacher harass me about me knee saying that i was faking it. Which i was always in Pittsburgh, PA at doctors appointments, which i had valid excuses. Now i am in 10th grade and the medical problems continue, i am unable to "be a kid" due to my disability, and my school will not cooperate with me on any issue. I was informed on Friday that even with my injury i will not be able to leave my classes early, and to have someone help me in case i fall. And starting this Monday i will be made to participate in gym class and follow a regular schedule. if i dont leave my classes early i get pushed out if the way by other students because i can not walk fast enough and i also have to use the stairs which i can not do with the other students because they run up and down them which i can not do and that would further injure my knee. with them knowing that i have a disability and i am unable to do any type of strenuous activity. I was also informed by a letter from my school that is i miss anymore school days, i will be taken to court, which i am out due to my injury, i am also doing very poorly in my classes from missing, and none of the school teachers or the administrators will help me figure out a way i can keep up with my grades. on some of the days i miss it is because the school nurse sending me home due to my injury, even though the nurse has sent me home, the school is requiring me to have an excuse, or they count this as an illegal absence, but since my doctors are in Pittsburgh, PA an I am almost 4 hours away it is very difficult to produce and excuse because my doctors off will not fax or email the school with the appropriate excuse. So i was wondering if there would be any legal recourse i could take, i am not seeking monetary damages but punitive damages.

I just need some type of help i can not live like this, school is supposed to be a "safe-haven" not a place where a kid get discriminated and harassed by their peers and teachers and administrators.
Thank You,
Jon Osewalt
osewalt1@comcast.net
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Old Mar 7th, 2010, 02:34 AM   #2
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Default Re: Discrimination and harassment in school

I wish to inform you that discrimination in the State of Pennsylvania is not allowed. In this you can file a complaint with the Pennsylvania Human Rights Commission. Here the Commission will conduct the necessary check and can then take necessary action. Under Pennsylvania Fair Educational Opportunities Act it is unfair if equal opportunities are not provided. Section 4 of this Act provides about unfair educational practices. In this it is mentioned that to punish a person because of disability is an unfair educational practice. Further in section 7.1 it is provided that filing of complaint will not foreclose individuals right of action in the court.

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Last edited by AFFA; Mar 7th, 2010 at 05:56 AM.
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Old Mar 7th, 2010, 03:40 AM   #3
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Default Re: Discrimination and harassment in school

OP - Have you approached your local family doctor about a note? School needs a note for you to leave classes early.

Furthermore, under IDEA they need to be more accomodating - are your parents or guardians advocating for you at all? Tutoring and extra help should be a given, and time missed due to medical procedures and further complications can not be considered a truancy problem. Instead the school should be sending work home, with someone to help, either in person or via phone or email.

PS to Affa - It's the Commonwealth of PA.
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