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Can you sue a school to stop bullying?: My niece is 11 years old. She is tall and overweight for her age and she has a hard time making friends. I've noticed lately her self esteem is really suffering. I spoke with her one on one and she told me she was getting bullied at school by one particular girl (she called her fat, she called her a lesbian, she called her stupid, etc). My niece has been diagnosed with having Aspergers disease, so her social skills are not very good. The school is aware of this and we have gone to the principal to discuss the bullying. Once we told the school about the bullying, they observed my niece in class and on the school yard. But once the teachers or staff stop observing, the bulkying will continue. I really don't want to sue the school or parents, i just want to put them on a legal notice that while she is on school grounds, they are responsible for her well being. And if that fails, i would like to take formal legal action. Any thoughts?

Asked 5 months ago in Education

Michelle’s answer: This is a VERY fact specific and big question which cannot be properly answered her, and/or without review of the facts. Schools are responsible to curb and address bullying, but what they do is generally in their discretion. Parents can file formal bullying complaints with the school or district and potentially seek out an education attorney to communicate to the school district if parent complaints do not resolve the issues.

Yes, sometimes schools can be sued for bullying. Finding an attorney to take on expensive litigation can be a daunting task.

Best,

Michelle Ball
Education Law Attorney

LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Email:help@edlaw4students.com
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Blog: http://edlaw4students.blogspot.com/

Answered 5 months ago.


How should I proceed : My son is a freshmen in high school and he was hanging around some boys who were smoking marijuana and allegedly they said he smoke marijuana, which I know he didn't because I had him drug tested at the lab the next day and his test was clean, however, the school official states they don't take outside test. The police officer at the school stated he perform a test where he had my son rub his hands together and smell his breathe and he smelled like weed so of course they said he smoked it. Also my son said they made him pee in a cup but when the officer came he told them they can't do that and now their denying it occurred which my son witnessed the police dump the cup of urine. I'm having a meeting with the school district and I know that would be a bust. My son was suspended for 3 days which no complaints but their suspending him from basketball season 18 weeks and I know he could make it to the pros college and I hate to have that on his school record. How can I proceed???

Asked 9 months ago in Education

Michelle’s answer: Suspension appeal if possible, and appealing with your drug lab results. It is not uncommon for school employees to ignore parents who are on their own.

Best,
Michelle Ball
Education Law Attorney

LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Email:help@edlaw4students.com
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Blog: http://edlaw4students.blogspot.com/
Twitter: http://twitter.com/michelleaball
Youtube: http://www.youtube.com/user/EdLaw4Students
Facebook: https://www.facebook.com/pages/Law-Office-of-Mi...

Answered 9 months ago.


I placed my son in a private school but they did not follow through on school procedures. Attempting for full refund.: We placed our son in private school and was promised homework room help every day after each class. A teacher was supposed to check the work, help if needed, and tell student when they could leave. We were told that he would be able to complete all homework this way. This did not happen and many times kids left with no one in the room. I complained several times. They also started a new computer system and almost daily we had issues. I constantly asked for help, was locked out numerous time due to computer errors. In the 9 days he attended, I was asked twice by staff to "give it more time, that they were still learning the system." We couldn't even get into the homework many times and sadly, the staff could not figure it out either. I signed a contract stating $500.00 non refundable fee and if we left early, classes prorated. Also states we are charged per session fee equal to AAN rate (which there is no description of, nor do I know what that is). We were sent a paper saying out of the $6,000.00 we paid, we only would get back $2,390.44 and when I asked for a break down, I did not get one. This is excessive for only 9 days. Can we go after them in small claims?

Asked 10 months ago in Education

Michelle’s answer: You will have to research a contract or other type of lawyer in your area to discuss if you have a claim and which court may be best. Paperwork and contract terms will have to be reviewed.

Best,
Michelle Ball
Education Law Attorney

LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Email:help@edlaw4students.com
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Blog: http://edlaw4students.blogspot.com/
Twitter: http://twitter.com/michelleaball
Youtube: http://www.youtube.com/user/EdLaw4Students
Facebook: https://www.facebook.com/pages/Law-Office-of-Mi...

Answered 9 months ago.