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Can I sue for educational neglect?

Plainview, NY |
Filed under: Education law

My school waited nearly 4 months to move me out of a bad teachers geometry class in which I was doing poorly, she was being rude to me, and basically it stopped me from learning 2 semesters worth of geometry. Now because of this I am on a failing track for geometry and my parents have had to spend a lot of money on tutoring. Can I sue my school for neglect? I had told several people about this issue for months, I even used the words its effecting my ability to learn, and if they cared about my education they would move me, but it took months before they did it, and now its too late. any opinions? thanks so much

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Attorney answers 2

Posted

No, you cannot. Not based on these facts. You did not state who you "told" about your "issue", nor have you stated whether your parents contactd the school in writing regarding your difficulties in geometry. If you are on an IEP and therefore protcted by the IDIEA changes your rights somewhat but would still require your parents to seek and administrative remedy before filing suit.

Absent a special protection under law, the responsibility of seeking assistance is on the student, not the teacher and not the school. Your parents might be able to prevail, if they could establish:

1) that they contacted the school and the school did nothing while you nevertheless did all your homework and sought tutoring in school, and
2) that they spent the money on tutoring and this was necessitated (a factual issue that may require expert testimony) by the failure of the school to respond to their repeated written requests.

Parents rarely sue on this theory however, as most students cannot prove that they really did EVERYTHING that they could have to succeed in the disputed class.

Good luck.

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Asker

Posted

"by the IDIEA" IDEA or IDIEA

Todd Bruce Kotler

Todd Bruce Kotler

Posted

Actually, using an article "the" is more appropirate as one would insert it if we were to use the full name (THE Individuals with Disabilities Improvement in Education Act)

Asker

Posted

No you put IDIEA instead of IDEA

Todd Bruce Kotler

Todd Bruce Kotler

Posted

IDEA is actually the old acronym. When Congress reauthorized it, it became IDEIA (so I did actually transpose two letters). However among the short titles for 20 USC Sec. 1400 is the "Individuals with Disabilities Education Improvement Act of 2004" The two acronyms are used interchangably but IDEIA is more correct.

Asker

Posted

I have a nephew who has been suspended over 15 times and he may have adhd. is the school liable for not making an attempt to have him tested for earning disability. He reads on a first grade level and he is being passed to the fourth grade. If he fails due to their lack of teaching efforts or because they did not test him is the school liable for neglect?Is it not negectful to not address if he has any other issues,instead of suspending him more the five times. At what point does the school say there is a problem and use another alternative besides suspension?

Todd Bruce Kotler

Todd Bruce Kotler

Posted

The neglect theory is a tort remedy for recovery. As I stated in the earlier answer, the parent's rights are under IDEA. So, the question is whether the requests for evaluation were made in writing, how quickly the school responded, what actions were taken and whether the parents agreed.

Todd Bruce Kotler

Todd Bruce Kotler

Posted

The neglect theory is a tort remedy for recovery. As I stated in the earlier answer, the parent's rights are under IDEA. So, the question is whether the requests for evaluation were made in writing, how quickly the school responded, what actions were taken and whether the parents agreed.

Todd Bruce Kotler

Todd Bruce Kotler

Posted

The neglect theory is a tort remedy for recovery. As I stated in the earlier answer, the parent's rights are under IDEA. So, the question is whether the requests for evaluation were made in writing, how quickly the school responded, what actions were taken and whether the parents agreed.

Todd Bruce Kotler

Todd Bruce Kotler

Posted

The neglect theory is a tort remedy for recovery. As I stated in the earlier answer, the parent's rights are under IDEA. So, the question is whether the requests for evaluation were made in writing, how quickly the school responded, what actions were taken and whether the parents agreed.

Todd Bruce Kotler

Todd Bruce Kotler

Posted

The neglect theory is a tort remedy for recovery. As I stated in the earlier answer, the parent's rights are under IDEA. So, the question is whether the requests for evaluation were made in writing, how quickly the school responded, what actions were taken and whether the parents agreed.

Todd Bruce Kotler

Todd Bruce Kotler

Posted

The neglect theory is a tort remedy for recovery. As I stated in the earlier answer, the parent's rights are under IDEA. So, the question is whether the requests for evaluation were made in writing, how quickly the school responded, what actions were taken and whether the parents agreed.

Todd Bruce Kotler

Todd Bruce Kotler

Posted

The neglect theory is a tort remedy for recovery. As I stated in the earlier answer, the parent's rights are under IDEA. So, the question is whether the requests for evaluation were made in writing, how quickly the school responded, what actions were taken and whether the parents agreed.

Todd Bruce Kotler

Todd Bruce Kotler

Posted

The neglect theory is a tort remedy for recovery. As I stated in the earlier answer, the parent's rights are under IDEA. So, the question is whether the requests for evaluation were made in writing, how quickly the school responded, what actions were taken and whether the parents agreed.

Todd Bruce Kotler

Todd Bruce Kotler

Posted

The neglect theory is a tort remedy for recovery. As I stated in the earlier answer, the parent's rights are under IDEA. So, the question is whether the requests for evaluation were made in writing, how quickly the school responded, what actions were taken and whether the parents agreed.

Todd Bruce Kotler

Todd Bruce Kotler

Posted

The neglect theory is a tort remedy for recovery. As I stated in the earlier answer, the parent's rights are under IDEA. So, the question is whether the requests for evaluation were made in writing, how quickly the school responded, what actions were taken and whether the parents agreed.

Todd Bruce Kotler

Todd Bruce Kotler

Posted

The neglect theory is a tort remedy for recovery. As I stated in the earlier answer, the parent's rights are under IDEA. So, the question is whether the requests for evaluation were made in writing, how quickly the school responded, what actions were taken and whether the parents agreed.

Todd Bruce Kotler

Todd Bruce Kotler

Posted

The neglect theory is a tort remedy for recovery. As I stated in the earlier answer, the parent's rights are under IDEA. So, the question is whether the requests for evaluation were made in writing, how quickly the school responded, what actions were taken and whether the parents agreed.

Todd Bruce Kotler

Todd Bruce Kotler

Posted

The neglect theory is a tort remedy for recovery. As I stated in the earlier answer, the parent's rights are under IDEA. So, the question is whether the requests for evaluation were made in writing, how quickly the school responded, what actions were taken and whether the parents agreed.

Posted

I agree with Mr. Kotler that there is not a sound lawsuit on these facts. Even if you could bring a lawsuit (and there are many legal reasons why you probably cannot even state a legal claim), you would not prevail if your matter went before jury. The rudeness of the teacher is not a sufficient cause or reason for you to have stopped learning. You are going to run into lots of rude people over the course of your life and in no case will their rudeness ever be a legal excuse for your conduct, whether your act or your omission. Other people's rudeness is just a fact of life, and we all have to deal with it, get over it, and meet our personal and legal responsibilities anyway.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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