QUESTION
What can we do to the school if my child is being given threats and assaults?
Asked on May 07th, 2012 on Personal Injury - Texas
More details to this question:
For three years my son has been bullied and harressed at school. We kept him there because of the teacher. A few weeks before my husband and I pulled our son out of school, he began recieving death threats. None of which were ever reported to us. We pulled our son out due to alligations and because of the horrible emotional and pyschological affect it was taking on him. The day I took my son in, in hopes of finding out what happened, we were kicked out of the office. Upon doing so the principal shoved her sholder into myself and then my son, toppling him over a bit. This incident has left my son emotionaly distraught. We issued a formal complaint through the district office. Our complaint was met by a letter from the principal calling us liers. This responce has shattered my son. He is constantly crying and saying his is not a lier. Because of this, my husband and I have put him into therophy. What can we do? I do not appreciate the physical approach by the principal and feel as though we have been ignored by the district. From a legal stand point, what are our options?
2 ANSWERS
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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Assuming it is a public school you need to make sure and file a government tort claim w/I 180 days of the incident, namely the physical altercation in the office which sounds like only the tip of the iceberg. It sounds as if the situation has been on-going for a while so would make sense that you file Government Code 910 claim with the school district as soon as possible. If you review California Government Code 910 online you will see how basic the contents of such a claim is, but understand it is critical and a necessary prerequisite to pursuing a claim against the school, principal, teacher and school district. Also, understand that it is pretty typical that once you submit that form that the school district either ignores it and therefore as a matter of law after 45 days it is deemed rejected or they expressly deny claim within that 45 day period. Without getting too overly legal, there is a Federal Constitutional right under USCA 1983, in that under the California Constitution, article I, 28(c) students have right to attend schools that are safe, secure and peaceful and school districts, teachers, principals or other school employees are prohibited from taking any actions that violate that right. Bottom line it is a difficult area, but one that needs to be addressed.
Answered on May 09th, 2012 at 2:09 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You may have a valid lawsuit against the school for negligence for failing to protect your son against other students, especially if they have been put on notice and failed to act.
Answered on May 09th, 2012 at 1:58 PM