Can I sue a Charter School and teacher for emotional distress and bulling?

Asked almost 2 years ago - Houston, TX

At the beginning of the school year my 10yr old would come home on a daily basses and tell me he was being called names and pushed by a fellow classmate. I call the school and they assured me that it was taken care of. Only to find out nothing was done. Then it escalated to the point to where the child slammed my son head into the changing station in the restroom ( They were unsupervised ) and then came out the restroom and slapped him in front of teacher and students. The very next day the student was allowed to walk into the classroom like nothing happened. I filed a case against the school and it took WEEKS before they did anything. Today while in class a teacher …. Yes TEACHER calls my son a FATTY in front of his peers that begin to laugh at him the rest of the day. The teacher told my son he was sorry and informed the Asst. Principle of what he said. It’s been a long year and I’m going to schedule him a meeting with a counselor but can I sue the school and teacher?

Attorney answers (1)

  1. Susan Grace Soto

    Pro

    Contributor Level 11

    Answered . There are special considerations when suing a school (even a charter school) because the Texas Education Code grants schools and their employees immunity from liability in certain circumstances. Also, in order to recover damages for emotional distress, there are specific criteria that need to be met. A full consultation with a lawyer will help you decide if you have a case that can be taken to court. Other options for you might include a conference with the principal, switching classrooms after the Winter Break, or changing schools.

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