Pennsylvania Disability Harrassment Lawsuit

[ajasfolks2]

school district is vindictive about the 504 process

How MANY of us here and elsewhere have this badge of honor?!

Twinturbo, your contributions so far as details & legal side of this are very helpful!

[twinturbo]

Yikes. Don't want to get OP's hopes up that my enthusiastic IRL trolling would count as legal advice. But wouldn't be a real kick in the seat to be before Zirkel of letter to Zirkel asking him if the decision follows the spirit of OSEP's clarification of "reasonable" and greater protections? I'd be too ignorant to be afraid of being outclassed by him. I'd be happy with irritating him.

[Macabre]

Good find, that it is Zirkel. It has to be one and the same.

[kindergartenmom]

Thank you all for your words of wisdom and experience. Lots of reading to do.

[kindergartenmom]

Jury or Judge making federal decision on discrimination and retaliation?  Thoughts?  My thought is that there would be less corruption with a jury.  My fear is that jury would not understand the law.  Interested in others opinions.

[twinturbo]

I don't have any qualified opinion to offer on the matter. But I am going to offer support  any time you need it, feel free to come around and vent what you can when you want.

Hypothetically speaking, however, there would be some matters I would want to know before making a decision for myself in that situation.

• How much evidence does my team have? What does it look like? Will it hold up?
• What is opposing counsel like? Are they good at disqualifying evidence? Weakening it?
• Does it alter the appeals process?
• Does one take longer to reach a decision than another?

Again, hypothetically speaking, a judge is paid to do what he or she does. A jury will be called in from their lives in order to weigh in for minimal compensation. A judge is already trained to think legally, a jury must be instructed in how to think and what to consider as it pertains to interpreting the law. Ultimately, were it me, I'd focus more on the strength of my case including evidence in all aspects, not only demonstrative of my claim but strong enough to withstand challenge, and further what the fundamental argument is and why this court should hear the argument. Not why any court should hear it but why federal, why this case, why it is before this judge because the fastest way to victory for defense might be getting it dismissed completely, immediately.

In essence, since the previous hearing resulted in a decision in parent/student favor against the school district and superintendent's actions (as opposed to the principal) with regard to retaliation, what outstanding matter has not been remedied by that decision? Unless it's still compensation for not providing FAPE being sought. Note I don't really need to know, and would not ask.

Good luck. I'm not going to ask any details you can't disclose. 

[twinturbo]

bumping

TF vs Fox Chapel

#WeAreTF #educationcivilright