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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Education Law
Satisfied Customers: 2183
Experience:  Practicing Attorney with 10 years experience
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My 7 year old special needs child in a GE first grade

Customer Question

My 7 year old special needs child in a GE first grade has an above average IQ and has developed a damaging self perception due to disciplinary practices from his 1st grade teacher. He has been ostracized in front of the class and has been called stupid by his classmates. I have many emails and have documentation of several incidents. The school administration has been slow to do anything. My son is starting to see a therapist. Do you feel I have cause for a lawsuit?
Submitted: 1 year ago.
Category: Education Law
Expert:  Asad Rahman replied 1 year ago.
I am so sorry to hear this. Yes, I think you do have a basis for a claim but suing a school district in California is different as there is often sovereign immunity that you basically cannot sue the government, but there are exceptions allowable under the California Tort Claims Act.Here is a good overview of the process... Optimally you would hire an attorney to do this for you as you do not want to make some legal mistake that jeopardizes your case.
Customer: replied 1 year ago.
Got it, but what are the exceptions?
Expert:  Asad Rahman replied 1 year ago.
In reviewing the statute, you can sue for discriminatory practices and misconduct by the teacher and hold the school responsible for their failure to act. You would not be able to get punitive damages but you can sue for some pain and suffering.
Customer: replied 1 year ago.
what kind of proof would i need in order to proceed with a claim?
Do I need witnesses?
Would my child need to testify or be interviewed during a claim or lawsuit?
Expert:  Asad Rahman replied 1 year ago.
Your emails, any eye witness testimony, any testimony by the therapist would help the claim. The judge might ask to speak to the child but it would not be compulsory and you would have to consent.