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?
Education Law Attorney
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.
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