Since entering into the school district, my daughter has had instances where she has been called names, threatened, and letf out of certain circles of people. This is what is commonly known as bullying. In late 2011, a girl that goes to my daughter's school, a girl who has been known to bully my daughter, grabbed a hold of my daughter's earrings and tried to yank them out of her ears. As of this day I still don't know if any action was taken against this particular girl. Since that situation, the school she attends is trying paint a picture of my daughter being an aggressor, rather than handle the underlying issue of the bullying being done to her. My daughter is a 13 year old 8th grade student.
This does not sound ripe for suit.
The parent here should write the principal (cc to the superintendent) about these concerns. Attached is a link to guide on what to include in this letter.
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Education Law Attorney
Presuming that you have already talked with the school's Principal and not received satisfactory answers to your questions, then it would help to know if your daughter could claim rights under several federal laws protecting disabled students.
1) Does your daughter have an IEP or a 504 Plan? If so, then the IDEA, the Rehabilitation Act (Section 504), and/or the Americans with Disabilities Act (ADA) may apply and give your daughter additonal protections.
2) Have you reported prior incidents of bullying to the school principal? If so, by taliking to him, leaving him a message, or writing him?
3) You should always communicate with the school in writing because then if the issue is not addressed you can show that your daughter was not at fault and that this was not just a one time thing. Keep a copy of your letter for yourself, and keep some proof that the school received it (e.g. a stamp from the school, a certified mail RRR, a fax confirmation).
I would highly recommend that you call the office of Dennis McAndrews, Esq. His office handles all sorts of education and school related legal problems. His staff of attorneys include several prior teachers and school administrators and they are quite knowledgeable.
Mr. McAndrews' office number is 610-648-9300.
Tell him Sandra Worthington, Esq. told you to call. His office will steer you in the right direction.
Good Luck! It must be very painful to see your child go through something like this.
Legal disclaimer: The statement above provided by Sandra Worthington, Esq. is general information and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by Sandra Worthington, Esq. and Worthington Law Group does not create an attorney/client relationship within any state or under Federal law.