My daughter was yanked by her hood during lunch by a food aid. A red mark was left on her neck yet the principal tries to treat it as if it's not a big deal. I asked that they sign a document stating the food aid have no contact with my daughter yet they refuse. I have filed complaints with the superintendent and police. My daughter has not been to school since.
A lawsuit on this claim is likely to be lengthy, expensive, and ineffective to achieve meaningful results. A more effective solution lies in a complaint or appeal to the Wisconsin Department of Public Instruction. They have demonstrated in the past that they are very student & parent-friendly in dealing with appeals of school district determinations and complaints regarding actions of school employees. The internet site to contact and obtain information from the Wisconsin DPI is: http://www.dpi.state.wi.us/ .
You'll have to provide more detail. How hold is your daughter? Is this a private or public school (I assume public since you mention the superintendent)? Why did the aid do this? Was your daughter in a fight and she was trying to break it up? For a lawsuit you need damages, and the red mark on her neck is not going to be a basis for a successful lawsuit. However, if this is an ongoing problem, or your child has special needs, then you can hire an education law attorney to deal with the school. Whether or not you agree with the rationale, we need to know why the aid said she did this. Public entities are very hard to sue since there are many hoops to jump through. So usually, unless there is catastrophic personal injury, an attorney will not take it on contingency. For school procedures and discipline, it would be the education law attorney.
I will tell you that the vast majority of the time when parents come on these boards and say that a school employee/teacher "assaulted" their child and the cops and school did nothing, they later come back after pressing by the attorneys and say that either the kid was in a fight, or has special needs and the school employee was trying to control them (and that is why the education law attorney is useful, to come up with a safety plan).
Otherwise, we are to believe that out of nowhere, without any provocation, with no reason whatsoever, a food aid decided to walk up to your daughter and yank her hood, and the cops, principal, and superintendent did not take action.
We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.
Administrative Law Lawyer
Respectfully, what you describe is not a sound basis to keep your child out of school. Your daughter is being injured far worse by keeping her out of school than by the the effort to remove her from under the table.
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