My daughter has special needs and was grab by the neck in school by her teacher do I have a case

The teacher or paraprofessional should not put his or her hands on your daughter.  You should have some reassurances from the school that either the person involved was removed, or will not be working with your daughter anymore.  If your daughter was not injured, and she's already receiving special services, i'm not sure what additional case you would have against the school.