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Can I sue a school district for negecting my childs education

Chillicothe, OH |

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?

Attorney Answers 1


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.

Good luck

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My daughter has been proven to have a learning disability. She tested at one high school at a 6th grade level but was in 11th grade. When she moved here with us we gave her basic math to do just to see where she was at and it was at a 3rd grade level. Her comprehension of simple tasks, education, and life skills are well below that of a normal person her age of 17. Granted I have some blame in this for not being in her life as much as I needed to be because I am a soldier and only had very limited visitation with her. Now that I have custody of her, I see where she really is at and it shocks me to think of how she got through the grades as much as she did with her having such a bad disability.

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