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My son was brutally beaten By another student while others…

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My son was brutally...

My son was brutally beaten By another student while others stood By this was videoed my son was afraid to go to school their solution for this was to take him out of school last 2 months of 1016 and start back when school resumed the next year instead of protecting him they allowed the other students to attend school they get a free appropriate public education Noah does not we pay for him to go to school I have video showing the brutal beating why were no one taking care of him teachers had to know I taught 30 years we know every thing

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

Fairfield illinois

Lawyer's Assistant: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?

I have meeting with superintendent tomorrow

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The student that beat him up has been questioned by police but did not get kicked out

Submitted: 8 months ago.Category: Legal
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Answered in 2 minutes by:
12/12/2017
Lawyer: Nisha Jones,
 replied 8 months ago
Nisha Jones
Category: Legal
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
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Good evening, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Lawyer: Nisha Jones,
 replied 8 months ago

I'm so sorry to hear this happened.

Were criminal charges filed against the person that did this? They are actually guilty of a battery against your son.

This is a criminal offense, punishable by jail time. Depending on the severity of your son's injuries this may even have been an aggravated battery which is a felony offense.

Not only should your son not have been removed for such a long period since he was the victim here, but the other individual should have been arrested and charged.

The statute of limitations for filing criminal charges in Illinois is 18 months for a misdemeanor and 3 years for a felony.

If it's already been a year, then you should consider meeting with a local prosecutor as soon as possible if you/your son would like to proceed with criminal charges.

Restitution which includes repayment for your son's tuition and fees at the new school could be included as part of a criminal case.

You could also consider filing a civil lawsuit. Civil lawyers will often take your case with no fees required up front, and only recover their fees when you win a monetary settlement in your case.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Lawyer: Nisha Jones,
 replied 8 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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