School district says she is a Junior in high school, but was tested at a 6th grade level. I then tested her and found out she is at a 3rd grade level.
I have spoken with the school Guidance Counselor, Principal, and Suprientendant and they told me it was the Bill passed by our Senate called "No Child Left Behind" and there is nothing they can do. I didn't have custody of her at the time, and know some responsibility is on the custodial parent, can I sue the school district since they are primarly the guilty party?
One cannot sue a school district for educational neglect as they would an attorney or doctor for malpractice. Punitive damages are not available and only successful plaintiffs may recover some of their attorney fees. Moreover, one must pursue administrative remedies through a state's department of education first. All of this is assuming that the child quallified for special education services due to a cognitive delay or developmental disability. If the child is neurotypical then there are some facts missing in the question that drastically change and limit the options of the parent(s).
If the district has failed to deliver a free and appropriate public education (FAPE) to a child who ought to have qualified for special education servives, the parent may request that the school provide compensatory education to make up the difference. This parent should begin by making a written request for a full educational and functional evaluation and get in touch with an attorney or advocate member of the Council of Parent Advocates and Attorneys (COPAA). Attached is a link to their site as well as a guide for special education rights.
This answer contains information intended only for the use of the individual or entity named above and may be protected by attorney-client privilege or work product doctorine. However, the mere receipt of this answer, alone, is not sufficient to create an attorney-client relationship. If the reader of this is not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, any dissemination, publication or copying of this answerer is strictly prohibited. The sender does not accept any responsibility for any loss, disruption or damage to your data or computer system that may occur while using data contained in, or transmitted with, this answer. Should the reader have any questions please feel free to contact Attorney Kotler at TBKotler@sbcglobal.net or 330-777-0065 Thank you and please indicate if you found this answer and / or the link(s) helpful.