QUESTION

how do I sue a school district?

Asked on Jan 26th, 2016 on Criminal Law - Tennessee
More details to this question:
I have 8 year old daughter who is going to xxx Elementary school in Murfreesboro, TN.... couple weeks ago at the lunch other kids were spitting at her and her food, school never notified me or mother about the incident as they are supposed to, I found out about this when my daughter told me she has to go in detention because she said "stop nigga" when they were harassing her... spitting at other person in Tennessee is a criminal offense, and school was supposed to notify police, the main RCS office, and parents immediately , none of which they have done, instead they were trying to cover up the incident, and punish my kid... I am very upset, and mad about how school mishandled this incident... I also contacted RCS office on 19th of this month, and I am still waiting on his answer to se what have they done to find out who is responsible for this...as far as I am concerned, my child was a victim of the crime at school, and school instead to notify me, tried to cover it up
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1 ANSWER

Our courts are very reluctant to get involved in the handling of issues as you described that occur at schools. Our Supreme Court has stated when reviewing a school official's decisions regarding student discipline "[c]reating a climate conducive to learning and maintaining discipline in public schools between kindergarten and the twelfth grade are not judicial functions." You are required to first exhaust the administrative remedy of letting the county/city school board handle the issue. It is only then will you be allowed to go seek a court review of how the school board handled the issue.
Answered on Jan 26th, 2016 at 3:17 PM

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