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Can I file a harrasment and intimidating a child against school as well as sue them for emotional suffering

Methuen, MA |

I have a son who is 15 in school in Methuen Ma. He has been a target for the past three years with his teachers and principals. he has been told he is the Charlie Sheen of high school and teachers have said why do I have to teach someone like u. H e has been pulled out of class time for searches and having to have the principal smell his hands to see if they smell like drugs! stood over during lunch and in class if he doesnt do something they put him in back of class and ignore him! My son was caught up with a incident that went against him in 7th grade someone was bringing pills in to his school he was given 5 pills which he took they charged him with distrubution of a drug he got a year on probation! I had my son admit all that happened then all who was involved as well but they still charged him! he is now 15 and has been harrased by the same teacher for months we have documented all that has happened emails voice mail ect! letters! my son went to principal and was ignored sevearl times with avail! he finanly got tired of the harrasement and snapped at school he told the teacher to go f him self 3 times and was thrown out of class as he got up threw his hands in air and a pencil hit teacher now they have charged him with assault and battery with a dangerous weapon! and disturbing a school 5 day suspension when i went to them and complained they came back and said 7 days as I went to superintendant and complained the teacher filed charges against him! we have asked numerous times for any evidence and they have not been helpful with it there are 2 witness they claim even though there were 20 plus kids in room but won't interview them even though there charging him with a felony! they have sent us 3 letters with 3 different stories as to what happened as well as a recorded tape we had in a meeting which I have asked for 3 times with avail! My son has been out of school for 3 weeks now and is not allowed back yet He suffers from ADHD and has a doctors note but school says they dont have to grant him a 504 or a IEP. my son feels threatend and is scared to return at some time as well as the emotional suffering me and my wife go through! The police officer who was at his school that day. Has been arrested for a visious assault on a lady on off duty time as he punched her in face and ripped her hair out I went and asked for him to be removed from case as I didnt think he should be on school grounds with a record like that as well as haveing to go through anger manegment and random drug and alchol testing! its not right while i agree he did something wrong when does it end buit also teachers need to be a little differnt and treat people better and not target the slow kid in the class! any help would be great.

Attorney Answers 1


  1. The short answer to your question is maybe, but not with any chance of success until after you have exhausted administrative remedies with the state Department of Elementary and Secondary Education.

    You need to hire a lawyer or two for your son - criminal defense attorney with experience in juvenile court and a special ed attorney to help you figure out if there are avenues to appeal the school's decision that he is not eligible for an IEP.

    If you cannot afford an attorney, one will be appointed for him in juvenile court, once the assault and battery charge gets there. If your income is low enough, he might be eligible for help on both the school and delinquency defense issues from the Children's Law Center of Mass. in Lynn.

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