The school administrator called me and stated that another staff member walked in on The teacher shaking and yelling at my son. I was told that the teacher was removed and that the school nurse checked my son. I took him to the emergency, where x-rays were taken and the doctor thought that there may be fractures and to follow up with a bone specialist; which we did. X-rays were taken again, and this doctor said no fractures. Now what I would like to know is is there anything else that I can do besides just making a police report, because the couple of lawyers that I have spoken with states that " If there aren't any injuries there is nothing that they can do." Is there a Lawyer that could do something about or help with this matter? The school does have a behavioral team in place.
Of course you could sue the teacher and school but with no damages there are likely no recovery. The teacher is likely culpable for battery and assault providing minimal recovery. Most attorneys would not be interested because the case is not financially worth their time. If your child was not injured you should still file a claim with the school's insurance carrier to cover any out of pocket medical expenses.
Hope this gives you some insight into why the attorneys are not taking your case.
Best of luck.
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Education Law Attorney
There should be someone at the district level who is responsible for handling parent complaints related to special education students. Filing a lawsuit may not be an option for you, but you can always file a formal complaint through special education channels or through the district's general grievance/complaint procedure. There most likely won't be any financial compensation for you in the end, but you will have spoken up on behalf of your son and maybe prevented this from happening to another student in the future.
Depending on your state's licensing procedures, you might also be able to complain to the state's educator certification dept. to have a flag placed on the teacher's teaching license or certificate.