My child "F" was suspended from school for threatening another child. F feels they were baited to respond due to

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Customer: Hello, my child "F" was suspended from school for threatening another child. F feels they were baited to respond due to harassment because they identify as nonbinary/lgbtq+, while I don't disagree with the suspension, the things they said were threatening, I am worried the school will be requesting a change of placement. I'm not happy that the other kids are seen as victims when they were harassing/provoking this. When the principal spoke to my child they called it a difference of opinion and no one was being bullied. I would love to get help advocating for my child.
JA: Where is this occurring? I only ask because laws can vary by state.
Customer: California
JA: What steps have been taken so far?
Customer: I signed/agreed to the suspension. An IEP meeting and Site guidance meeting has been scheduled.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My child has an IEP in place and diagnosed ADHD/anxiety
Answered by Infolawyer in 3 mins 2 months ago
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Infolawyer, Expert

Hello and welcome to Justanswer! My name is ***** ***** I am a licensed lawyer with over 18 years of experience. I am reviewing your question now and will get back to you momentarily. Thank you for your patience.
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Infolawyer, Expert

How are you doing today? I am very sorry you are experiencing this problem. I understand that you are seeking alternatives?
Customer
Hello, thank you. Yes looking for how best to advocate for my child. O believe they will be seeking alternative placement. I'm unsure if I'd like to keep them at this school but don't want to accept less just because she is deemed the troublemaker in this situation.
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Infolawyer, Expert

What have you attempted so far?
Customer
far nothing has taken place. They were suspended and we have a site guidance meeting on Tuesday the 20th, which I asked for clarification on the purpose of the meeting and who would be attending. And an IEP meeting was scheduled for Wednesday the 21st.
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Infolawyer, Expert

Is there anything else that you would like me to consider before I provide an answer to your question?
Customer
Customer attachment 9/18/2022 6:10:25 PM
Customer
Customer attachment 9/18/2022 6:10:27 PM
Customer
Customer attachment 9/18/2022 6:10:28 PM
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Infolawyer, Expert

Thanks for that information. I am finishing up your answer and will be getting it to you very shortly.
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Infolawyer, Expert

Your answer is ready and you can read it below! After you review it please let me know if the answer is clear and if you have any follow up questions for me. I will be happy to answer them!I would begin with a final written demand with deadline and threat of lawsuit. This can help bring about a settlement, show the court good faith, and build a record.I would hire an education law specialist to negotiate for you. In your situation, I also think that you would benefit from local representation. https://www.avvo.com/find-a-lawyer is an excellent resource that lets you find a local lawyer by location and practice area!It can be challenged in court. You can seek expedited review and hearing from the court. This can be done by order to show cause motion (OSC) which is a motion supported by affidavit. This is something the court clerk can help you with or local counsel can prepare.
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Infolawyer, Expert

Have I answered your question to your satisfaction today or do you need any clarification? Kindly let me know, thank you.
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Infolawyer, Expert

I hope everything works out well! You can reach me more easily in the future with other questions by simply adding me as a favorite expert. You can do that through the “My Questions” page if you choose to rate our interaction. Thank you for choosing Justanswer for your questions! I wish you all the best! Daniel

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