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Does my son have any rights to a lawsuit against the bullies or the school.?

Sacramento, CA |

Hi everybody
My son has A.D.D / A. D.H.D his body is also a bit on the heavy side from the medications he's taking. He's on them for mood swings, voices in his head , depression and others to control his A.D.D/ A.D.H.D. But at school he's getting bullied and taunted by other kids he tells authorities however nothings done until it gets physical this is my sons second school because we transferred him out of the first one. Friday my son reacted by pushing a student for humiliating him in the P.E locker room and now my son has 3 days suspension nothing for the other kid for the taunting and bullying. why is it the law only involved when the kid kills himself or kills or shoots up the school we need help NOW!!!!!!!!!!!!!!!Help me. Help him. Please make it stop before it's too late for him

Attorney Answers 6


  1. Best to schedule a sit-down with the principal to address this.


  2. write the principal a letter with the details of your son's bullying. Make sure to send the letter certified, return receipt requested. Obtain a claim form from the school district and file a claim as well. Then, if this happens again, you have given them actual notice.


  3. I would suggest you sit down with school administration now. If your concerns are not resolved to your satisfaction, consult with a school rights lawyer. Good luck.


  4. Consult with an education/school law atty. You can probably set an IEP.


  5. The diagnosed conditions and medications impair your son's credibility and, thus, he has an extra burden in my opinion to avoid physical altercations. These altercations need to be prevented. Bullying is now in the public eye as a problem; so, you'll probably make headway with the school administration. Review his I.E.P. before meeting with the Principal; maybe you need to meet with someone else/additionally.


  6. Suing the bullies or their parents is a possibility, but it's probably not worth it and will be tough to get a lawyer to help.

    It's better to involve an education law attorney who can go to the school and get things sorted out.

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