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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Education Law
Satisfied Customers: 118811
Experience:  Attorney handling education matters.
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I am interested in suing the Public school system for

Resolved Question:

I am interested in suing the Public school system for violatin the No Child Left Behind act of 2001. My son is repeating the 8th grade, and was told he would be "socially passed" this year regardless of his grades. He is failing again, and no teachers or other staff has contacted me, nor have they taken any action to make him accountable in school. The only detention he has received has been at my insistance, and I feel the school is just counting the days until they can make him the High Schools problem next year. What are my rights? Has anyone ever successfully sued the public school system for violating this Act?
Submitted: 8 years ago.
Category: Education Law
Expert:  Law Educator, Esq. replied 8 years ago.
Suits against schools for this have failed miserably across the country. Courts do not like to get involved in the educational decisions of schools. However, under the Act, if your child is not receiving the tutoring and any assistance to assist any special needs he may have or has not been properly evaluated to determine any special needs, these types of suits are successful when the schools are asked to provide the services and refuse to do so. You need to begin by asking the school to evaluate your son for any educational disabilities and to provide services to him for those disabilities, if they refuse then you will need to get an attorney that specializes in Individuals with Disabilities in Education Act (IDEA)cases and pursue a suit against the school to force them to comply.

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Customer: replied 8 years ago.
There must be a way to sue for negligene, it's a gross miscarriage of educational justice. What steps can I take to make the school system step up and stop ignoring my child? There MUST be a way to make them accountable. I entrust my children to them daily, and they are not doing the job they are being paid for.
Expert:  Law Educator, Esq. replied 8 years ago.
You and many other frustrated parents believe so and the suits across the country have failed on that regard. The courts have held that education is not a civil right, but as long as the material is offered and presented to all children equally there are no grounds for suit. Thus, even though you believe your school is failing your son, until you get him evaluated for special needs such that the school would then be mandated under IDEA to provide services for those special needs you will not be able to sue for negligence. The courts reasoning for not entertaining these suits is that they believe it would 'open the floodgates" to litigation every time a child is not doing well in school and they believe that is up to the schools and the parents to dictate since the courts cannot provide educational services.
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