How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 113544
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

In need of civil or special education lawyer

Customer Question

I need my questions answered by a lawyer (most likely a civil lawyer or a special education lawyer) who knows the laws of Arizona or IDEA (federal statutes for special education) and can give me specific feedback on all the questions I present here to determine if I can sue, is it viable to sue, what kind of lawyer do I need, how much it will cost me, who do I sue and what do I sue for? I believe there is negligence on the part of the principal, the special education facilitator, and the special education advisor for the student who assaulted me, because I wasn’t given a copy of the student’s IEP by the student's special education advisor and had no idea the student was a special education student and had an emotional disability. The federal law is very specific about teachers having the IEP’s of the special education students in their classroom. I have been told that since I went on worker’s compensation because of the assault that I am precluded from suing my employer, which is the school district. But, I also found out that I could sue under third party negligence even if I received worker’s compensation. It’s under the common law tort theory.

So, based upon what you read here, who would be the person or persons I would sue? Is it the Principal, who is ultimately responsible to ensure that all IEPs are being implemented or are they protected under qualified immunity? Is it the special education advisor for the student who assaulted me? Is it the Special Education Facilitator for the Special Education Department, who is a Teacher On Assignment (TOA) and is a member of the same Certified Teacher’s Association and Arizona Education Association that I am? Or, is it more than one of them? What kind of lawyer do I need to sue for me? And, if I do sue, I understand under worker’s compensation that any money I receive would have to be paid back to them and I would be able to keep what is left over? A month has passed by since we were supposed to meet the first week of August. During the meeting, we are to receive the Dean of Student's written notes on the matter and we are to give them a copy of the police report that shows the statements from the police officer who took the report said he didn't find out about the assault until one to two weeks after it happened. But, the Dean of Students wrote on the student's referral that she had talked the the SRO (police officer), which would have been the day of the assault up to two days after the assault. The district also refuses to change the student's referral from disruptive classroom behavior: minor aggressive act instead of assault. The police report states it was a simple assault.

My association liaison feels the school district is afraid of getting sued, so this is the reason they are not wanting to change the referral to an assault and are dragging this on until the one-year statutory date of September 13, 2011 occurs. But, yet she didn’t make any phone calls to the Principal to setup the August meeting, because she said she was busy. Could it also be my association is scared too of being sued, because the Special Education Facilitator is a member of the Certified Teacher’s Association, which the Arizona Education Association would have to defend if she is sued?
Submitted: 5 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 years ago.
Under the workers compensation law, the employee cannot sue the employer in tort unless you can prove it was not just negligence but an intentional tort directed at you. Thus, you will not be able to sue the employer. If you can prove that any party intentionally intended to harm you then that party can be sued as a third party (keep in mind that if you sue a third party that the workers compensation insurer has a right to subrogation, which means they can recover all of the money they paid out on the workers compensation claim from what you receive as part of your third party lawsuit).

Really, the party that would be liable to you would be the student through the student's parents. The school administrators you mention would not be liable unless you prove they did this intentionally to injure you.


I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Customer: replied 5 years ago.
Relist: Other.
The answers provided by the lawyer I already know. He didn't tell me anything new that was specific to the questions I asked.

Related Legal Questions