Re: 's Gebser letter ~when issues don't resolve at school

[Guest guest]

> Check out s success for writing Gebser letters, when

> things are not be followed per your childs IEP, and other safety concerns.

When writing a letter, it should be sent to the principle, teacher,

superintended,

special ed. director all certified mail.

>

> >> Parents Continue To Lose School Cases When They Do Not Follow the

>> Gebser/ Formats

>> Eighth Circuit Court of Appeals, June 26, 2002

>>

>> Acting under color of state law generally requires a showing that the

>> person is acting under state authority (or pretending to) and purports to be

>> exercising some governmental role derived from that authority. That fits many

>> school cases dealing with disabled students.

>>

>> Deliberate indifference

>>

>> To make a " Gebser " claim successfully there has to be a showing of at least

>>

>>

>> a.. (1) a " custom " of the wrongful behavior complained about,

>>

>> a.. (2) notice to the school personnel about the wrongful behavior and

>>

>> a.. (3) a showing of the school's " deliberate indifference " after

>> receiving such notice.

>>

>> Such indifference could be read, according to this Eighth Circuit's

>> opinion, as " tacit authorization " of such misconduct.

>>

>> In this case, there was no such showing.

>>

>> Failure to train

>>

>> There have been many " failure to train " cases under Section1983 since 1978,

>> when the Supreme Court recognized that Section 1983 could be used in school

>> situations. As the Eight Circuit mentions in this case " failure to train

>> its employees in a relevant respect evidences a deliberate indifference to

the

>> rights of the students. " We raise in our Manuals and in our workshops that,

>> especially under the 1997 statutory changes in the IDEA, all personnel who

>> will be working with a child need to be trained to the degree needed to

>> carry out their duties with that student.

>>

>> A failure to train -- especially when a specific problem related to that is

>> brought to the attention of school officials and it is ignored -- can

>> easily be read to show " deliberate indifference. "

>>

>> The Eighth Circuit decision reaffirms the need to give " notice " to the

>> school of the problem, to request the school to make an attempt to resolve

it,

>> and to mention that failure to respond appropriately (including the training

>> of needed personnel) might be interpreted as " deliberate indifference. "

>>

>> Our Manual " Advanced Advocacy Strategies: Are You Ready To Play Hardball "

>> explains the " Gebser " format in detail, including a " sample letter " that put

>> all ten elements of the claim in order.

>>

>>

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