High school teacher is not honoring 504 plan, is rude and abusive

HI - We are looking for an education lawyer near Fremont that can help my high school daughter. She has been traumatized by a completely negligent teacher that is rude, and punitive. This teacher doesn't provide any instruction, uses abusive language, passes racist remarks, and lets the students know how much he hates the school that he teaches. He insultingly declined to meet us when we requested a meeting to discuss our daughter's health issues and get his guidance. My daughter is a 504 who has been suffering from severe anxiety and depression which has been further exacerbated by this teacher's complete apathy toward his students. 

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Please contact DREDF (Disability Rights Education & Defense Fund).  They listened, offered great advice,  and we were (finally) heard.  We eventually used lawyer Natashe Washington ((510) 394-4356) who was great.  I hope this is resolved soon.

Keep documenting what is happening. Before you go the lawyer route, try moving up the chain in the school. Talk to the counselor/special ed teacher who was present when you wrote the 504 plan -- you can look at the signature page to see who signed off on it. Talk to the principal. Then if you need to you can contact a lawyer. You might also want to talk to the parent advocate at DREDF --

Disability Rights Education and Defense Fund
3075 Adeline Street, Suite 210
Berkeley, CA 94703
510.644.2555 v
510-841-8645 fax/tty
info [at] dredf.org (info[at]dredf[dot]org)

This sounds like a personnel issue that reaches beyond your daughter's situation. Perhaps you've already done this, but my first suggestion would be to document the problematic behavior and then share it, written up, with the school principal. Or if they're for some reason unresponsive, going above their head to the superintendent. If you do feel like a lawyer is needed, Gail Hodes is a good special education lawyer who you could run this situation by although since your daughter has a 504 she may not be Gail's specific area of speciality https://www.gailhodeslaw.com/

So sorry to hear of your experience. 

Here are a couple organizations which may be able to help:

https://familyresourcenavigators.org/

https://dredf.org/

please immediately pull your daughter out of the class. she could do summer school at a community college or ask the school for options. dont wait for the slow wheels of bureaucracy. if the school doesnt help you there are options such as online school or intra district transfer. there have been times i regret not immediately and fervently advocating properly for my child, dont let this happen to you. 

Thanks everyone for all your help and guidance. 

I would start with the school  counselor and ask for your child to be placed in another teachers class. Actually, your child can go to their  academic  counselor and ask for this and usually it is a quick fix. I’m a high school teacher and a few times students have been enrolled into my class because they have had a struggle with another teacher who teaches the same subject. Or often kids have told me they have gone to the counselor  when they have had a negative experience with a teacher and have been able to drop or move out of the class. If the counselor can not enroll your child in a different class because the other classes are full or one is not offered, there may be an online option to finish out the semester.