I have a 10 yo son with special needs who is in a self contained classroom, it is the perfect setting for him. He is highly medicated to get him through his day, he has severe ADHD, ODD and SPD, he is also especially prone to tell "stories". When he started the 4th grade this year, two weeks into school, his teacher told me she did not think the medications were working adequately and if I didn't do something about it, he would not be able to remain in her classroom. I took him to his doctor who I work very closely with and he made some significant changes to his meds. He made it clear to me that the teacher needed to give us significant feedback so we could adequately monitor his new meds and dosages. After numerous requests and several weeks later, the teacher told me she "simply did not have time to do that". In the meantime, I am getting calls 2-4 times a day from the school nurse with ridiculous issues including one time telling me my son's b/p was 0! and what did she want me to do about it!! One day, I was at home and DCFS shows up telling me a report was filed by someone accusing me of neglect and abuse, I was furious, it was clear it was the school. DCFS quickly closed the case as unfounded. At this point my son, starts calling 911 anytime he gets in trouble at home for minor things, the police end up coming to my home at least 5 times, read my son the riot act for calling and then leave.
You have several ways to address the problems you describe before filing a lawsuit. Your objective is to improve your son's education and behavior.
1) You may consider having an advocate present for Special Education meetings.
2) The teacher does need to be part of the solution. Saying that she doesn't have time is not appropriate. Requesting specific information on how your child is doing on the new medication is part of her job.
3) Contact the administration and present the issues (without making it someone's fault).
4) State the problems clearly and ask for collaboration on resolving these issues. Put your requests in writing.
If the school personnel are unresponsive, you can file a complaint with the district and then the state level offices of Special Needs Education.