QUESTION
Can I sue them for not properly supervising him and not providing him the right education?
Asked on Apr 25th, 2017 on Personal Injury - Wisconsin
More details to this question:
My autistic son is supposed to be supervised at all times and on November 1 and Dec 19 of last year he wasn't and was charged with sexual assault and false imprisonment. On November, the teacher failed to take him to get his afternoon medication which also affected his behavior. When I got to his school, I questioned the principal. She refused to answer me and when I directed her to my son's IEP, she got nervous and called his teachers in there and then I found out that he wasn't escorted to his next class like he was supposed to. Now, if the whole court proceedings, my son have been having nightmares and can’t sleep and think that we don't want him and we are trying to send him away.
1 ANSWER
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I'm sure you know without my advice that you should contact his therapist for advice, and perhaps for further appointments. Lawyers are not necessarily very skilled at helping autistic people regain their calm and overcome their stress. In terms of the legal proceedings, again, the therapist can help. IF the school has an unequivocal obligation to escort and supervise your son, then you could perhaps sue them for failure to meet their responsibility. (There are often state laws limiting when and how you can sue a public employee, and perhaps especially a teacher. If his school is private, then the contract between the parents and the school likely defines everyone's duties and rights and obligations.) But would you want to sue a school to which he will return? In sum, get him to his therapist, and find a skilled lawyer with experience in special education matters.
Answered on Jul 24th, 2017 at 8:15 PM