My question involves education law in the State of: WV
We are talking middle school here but I don't believe the way the statutes were written that makes any difference. There are serious issues of sexual harassment both of a physical and verbal nature. Physical threats of harm sometimes in writting and violent kids who are excused from any punishment becuase they have an IEP so they start a fight hurt a kid and get sent back to class. So we are taking several unsafe kids. Prinicipal does what he is allowed to do which is to suspend the kids and then they come back as if nothing happend and do it again to be suspened again and again. School board does nothing they have been complained to several ocassion no kid is ever expelled. I've read through the WV code and I see no referance to what to do with unsafe kids and nothing dealing with a failure on the schools part to provide a safe school. I've only found http://caselaw.lp.findlaw.com/script...0&invol=97-843
I myself have even sent an email to the head of the BOE of WV asking for help. (no aswer yet)
Now a friend of mine whose child was so badly traumatized his psychitrist put him on home bound which is a tutor meeting with him twice a week to give tests and assignments just received a letter from the school board telling her there will be a hearing because her son has missed 45 days of school. He was in homebound and anything before that were dr excused absences. They are counting MWF of every week he has been in homebound because homebound only meets T and TH this is how the homebound people set this up. The letter informs her there will be fines/and jail time blah blah in accordance with chapter 18-8-2 which simply stated is failure to make your kids go to school statute.
Now for the questions what can we the parents do to get the school system to make a safe place for these kids? What laws deal with the school's responcibility to provide a safe enviornment and what happens when they fail badly at doing so? what can my friend do to stop them from basically harassing her for not taking her child to school when he has been legally put on the homebound program yet they still count him as absent? what type of lawyer do we contact? We really need to be pointed in the right direction.