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Colleen Grady
Colleen Grady, Attorney and Councelor at Law
Category: Education Law
Satisfied Customers: 482
Experience:  Assistant Principal, 17 years in the field of Education
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My 13 year old daughter was in 4th period in school ( Co

Customer Question

My 13 year old daughter was in 4th period in school (Lee Co schools, in Fla) and she started her period. This was only her third period she has gotten EVER as, she had just started having menstrual cycles. She asked her teacher if she could use the restroom, and the teacher said no. My daughter asked again stating that it was an emergency and was still told NO. So, not wanting to break the rules, she didn't go and her period started while she was in class and, she bled thru her pants. After the class some other students noticed and made "fun" of her. She is now super embarrassed, and terrified of this happening again. My question is... are there any precidents set in an issue like this? I am furious that she was denied use of the restroom for an emergency.
Submitted: 9 months ago.
Category: Education Law
Expert:  Colleen Grady replied 9 months ago.

My name is***** have been an attorney for 26 years and in the field of Education for 16 years. I will help you with your questions today.

Can you tell me if you spoke with the teacher about this or an administrator in the school?

Expert:  Colleen Grady replied 9 months ago.

Is your daughter in Dunbar High School?

Customer: replied 9 months ago.
I am going Tuesday morning to speak with the teacher. She attends Trafalgar Middle School in Cape Coral, FL (Lee Co. School system )
Expert:  Colleen Grady replied 9 months ago.

I was looking on the Lee County and Trafalgar Middle School websites for employee and student handbooks and complaint procedures. I have not found any as of yet.

In any school, the first thing to do is to take your concerns to the teacher. Your daughter had a reasonable request to use the bathroom. Because of the denial by the teacher, she was subjected to teasing by other students.

If you are not satisfied by your meeting with the teacher, you can then ask to see the principal. After the principal, the superintendent. Then the Board of Education.

When you ask about precedents, are you asking if there is a lawsuit? Teacher discipline?

Customer: replied 9 months ago.
that IS what I meant. Ie.... so and so vs. The school. Legal precedents that I can recite to the vice principal and teacher when I go in on Tues... to ensure this does NOT happen again.
Expert:  Colleen Grady replied 9 months ago.

I am researching this for you.

Expert:  Colleen Grady replied 9 months ago.

I am actually finding some cases for you. Give me a little while to organize it for you.

Expert:  Colleen Grady replied 9 months ago.

http://www.brianwfreeman.com/bathroom-rights/

This link is a law article explaining how the use of the bathroom is a constitutional right. There have been lawsuits for denial of the right where students have been publicly embarrassed. Also, damage can be caused to the body in waiting to use the bathroom.

Expert:  Colleen Grady replied 9 months ago.

You can use this to talk about the health risks.

Expert:  Colleen Grady replied 9 months ago.

http://safehealthyschoolsfl.org/Home.aspx Here is a link to the Florida Department of Education Safe and Healthy School policies. In the policies they promote a healthy "School Climate" and "Health Education", "Healthy School Environment." I think you should bring up how these policies are not being followed if your daughter is denied a basic human right to use the bathroom. Just as healthy school lunches are promoted, so should healthy bathroom practices. How is it a healthy school climate if your daughter fears advocating for her need to use the bathroom? How is it she fears discipline when she knows she has to use the bathroom and it is the right thing to do? I was able to find news reports in Florida where parents sued schools under similar situations. However, I could not find case law. I think this is because these cases have settled and did not go to trial and later to appeal.

Please let me know if I can help more. If you are satisfied with my help, I ask that you rate my service. Good luck

Please let me know if I can help further.

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