How do I prove my school is discriminating?

If you’re worried your child is facing discrimination, you might be wondering, “How do I prove my school is discriminating?” While we at Cueto Law are sad to hear you are facing this problem, there are things you can do to gather evidence.

While every case is different, and it’s always best to talk to a lawyer about what specific documentation you will need, there are some general practices you can abide by.

Things to know first

When you’re trying to prove a school is discriminating, you’ll have to be aware of what qualifies as discrimination.

For it to be discrimination, the actions the school is taking will have to be based on your child being part of a protected class. Protected classes include race, disability, gender, sexual orientation, and more. 

For a complete list, click here.

Next, be aware of the signs of discrimination.

They can include

  • Disregarding IEPs
  • Singling a child out 
  • Poor grades, not matching effort
  • Not responding to bullying
  • Refusing reasonable accommodations
  • Not offering anti-discrimination training to staff
  • Ignoring a child
  • Excessive Discipline 
  • And more

For a complete list, download our free checklist! 

Click here for your copy.

What proof do I need?

If you think that your child is being discriminated against based on their membership to a protected class, there is evidence you can gather.

Again, we recommend speaking to an attorney about the specifics of your case, but our general recommendations include

  • Save all written communication with the school
  • Keep all work with poor grades
  • Take notes during all phone calls and meetings
  • Log instances of discrimination your child reports
  • Print out evidence of Cyber Bullying 

Be aware, though, that while you gather this evidence, the courts will move slowly. Additionally, lawyers who represent the school will try to pick it apart. 

That is why we recommend gathering as much as possible to document a pattern that will be harder to dismiss. 

For more specific advice customized to your case, you can call us at 618-277-1554 to set up a free consultation with one of our attorneys. 

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