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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32591
Experience:  Began practicing law in 1992
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can I sue my daughters school for not handling bullying. we

This answer was rated:

can I sue my daughters school for not handling bullying. we had to take her out and start home schooling.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Before I ask questions about your situation, I need to make sure that you understand how the website and rating system works.


 


Many times in school law situations the law is not in favor of the student or parent. When that happens we have to give the person asking the question bad news. It's true, but sometimes it's not in their favor.


 


On this website the customer rates us experts at the end of the question and answer and every now and then a customer is unhappy about the law and gives a negative rating. Unfortunately, that negative rating is taken by the website to be a reflection on me, indicating that I wasn't polite, wasn't prompt, or provided a wrong answer.


 


I'm more than happy to discuss this with you, but I just wanted to make sure that you understood how the system works and that you will rate me on my professionalism and not on whether the law is in your favor or not, since I have no control over that.


 


With that understanding, do you want me to discuss this in more detail with you?

Customer:

Yes, please.

Dwayne B. :

Hi, I'm back.

Dwayne B. :

In the case of a school you can't outright sue for what they do and do not do, with a few exceptions that are not implicated here.

Dwayne B. :

However, what you can possibly due is sue for a violation of her civil rights.

Dwayne B. :

I don't think there is any issue that her civil rights are implicated here, but civil rights law is a very, very specific area of you really need to go and visit with a specialist in this area and let them do a thorough interview with you.

Dwayne B. :

I have successfully sued several school for variations on this rule but always based on their specific handbooks or the state requirements.

Dwayne B. :

And that is as applied to the facts.

Dwayne B. :

Schools have immunity from lawsuit for most things, as an example if one student hit your daughter with a stick and hit her you wouldn't be allowed to sue the school.

Dwayne B. :

But in a case like yours there is at least the potential.

Dwayne B. :

I am going to leave this chat window open but have to step away for a couple of minutes. When you return to it please post a response and wait here and I should be back very quickly.

Dwayne B. :

I'm back

Dwayne B. :

The chat function may be having a problem again, so I am going to exit but I will get a notice when you post an answer and will immediately return so if you want to continue discussing this please wait here in chat once you post. It may take just a couple of minutes to get back with you if I am helping someone else.

Customer: Well, my concern is the other kids that its happening too and I have a younger daughter that will attend the same school in two years. Also if the home schooling doesn't work out I'll be forced to put her in private school which I can't afford. This has been a problem for almost 3 years. Should I attempt to sue based on probable costs for private school since it was the lack of attention to this problem by the school which forced me to take my daughter out of a very negative environment?
Dwayne B. :

That is a possible area of damages but my guess is that it is the least viable one.

Dwayne B. :

You would probably be better off suing for just standard civil rights damages and an injunction requiring them to change their procedures.

Dwayne B. :

What kind of bullying was it? What happened?

Customer: Its been two different clicks of girls. My daughter tried to commit suicide last year. This year different girls bullying. Sh
Dwayne B. :

What are they actually doing? Physical violence, talk, etc.?

Dwayne B. :

Also, has your daughter been diagnosed with any mental issues? The fact that she tried to commit suicide (and that must be incredibly hard on you) raises some disability issues under the ADA.

Dwayne B. :

I think the Chat function is having problems so I'm going to switch this to a Q and A format.

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