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Can I file a lawsuit against my child's school if he was pulled,scratched,pushed down and thrown by 2 different teachers?

San Antonio, TX |

while at school my sons teach got upset with him not following directions so she left him outside the classroom alone then when she got tired of seeing his face through the door she forcefully pulls him into the classroom. She then puts him back out in the hall crying and bleeding because she left 2 scratches on his arm and he walks off to the nurse alone and not telling anyone. On the same day in after-school care and non-english speaking assistant is trying to help him with his homework which he refused to do because he can't understand her. she proceeds to the the after-school care teacher about this. She dismisses everyone to go and play so my son goes outside. She pushes his head back twice which leads to him falling on the ground she tells someone to get a chair and she pick him up and throws him in the chair. I would just like to know what can I do?

Attorney Answers 2


Child abuse is a horrid crime, especially when the abuse is committed by a trusted authority figure, such as a teacher.
In response to your specific question: Yes, you can file a lawsuit against your child's school. If it’s a public school, your lawsuit may be dismissed unless you can establish that, before filing suit, you exhausted all administrative remedies – meaning you went through the proper, official channels to complain about teacher/school conduct and your complaints were ignored/rejected/denied/etc. You’ll need to press forward with the complaint process all the way up. Here are 3 other options to consider:
You can swear out a criminal complaint against the teacher(s) for assault. The crime may be tough to prove beyond a reasonable doubt. Still, your child’s sworn testimony constitutes at least some evidence that an assault occurred. That evidence should be enough to commence an investigation.
You can go to local media.
T.V., radio, and newspapers may all be very receptive to airing/ printing your story, assuming that you have audio-visual evidence in some form. If not, these news organs may decline to publicize the case because the network/newspaper can be sued for libel if it publishes a malicious untruth.
You could put your evidence on the internet. It could go viral and create a massive public outcry for the teacher(s) responsible to resign, be punished, etc.
I hope this information is helpful to you. God Bless!

Mr. Barranco is an experienced litigator licensed to practice law in Texas and/or the federal court system only. The response provided is not legal advice; it does not create an attorney/client relationship. Mr. Barranco’s answer is intended to provide general information only about the types issues referenced in the reader's question. All readers should confer with an attorney licensed to practice in the relevant state.

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In Texas, you must exhaust your administrative remedies before filing a lawsuit. The timeline for filing a complaint / grievance is not in your favor - check the school board policy (usually found online) to see the basic procedure. Look for policy FNG. I hope this situation is resolved quickly and I'm very sorry your son is not being treated well by school personnel. Good luck to you.

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