My son is in the 4th grade. The teachers aid likes to keep some kids in the classroom after hours when she feels necessary without notifying parents that she is going to do this. My son is to be released when the call for dismissal to go get my 5 year old from pre-k. We had prior meetings about this for several months with principal and school board was called and complaints were made. Principal assured me he would never be held again without notification. It happened again and m son pulled put his cell phone to call me and his dad and she came to him asked him who was he talking to and grabbed him my his arm and asked him who was he talking to and hung up. Hes scared now to go to school. Principal says she wrote the teacher up, but to me thats not justice.
On the facts that you have stated, the school has acted appropriately and there is no discernible need or basis for a lawsuit. The teacher has been timely disciplined and knows that principles of progressive discipline may soon apply if the conduct is repeated. But you do not have the kinds of injuries or facts that support a lawsuit against the school.
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You have a civil claim against the teacher and the school system (maybe county or state too), and you can file criminal charges. You may even have a frederal 1983 action, which is a civil rights claim. You should consult with an attorney immediately. When suing the government, there are certain notification deadlines and if you try and do it yourself, or if you don't notify the correct person or office with the correct information, you can forever lose your
Education Law Attorney
You my have a civil action agianst the teacher and the school, depending on how much notice the school administration had of this teaher's conduct. The damages would be limited and this is always an impotant consideration in the decision of whether or not to file suit. I suggest that you speak to an attorney in your area to discuss your options. One option might be to request a meeting with school personnel and counsel to assure that your son is not subjected to this kind of treatment again.