Yesterday afternoon I received a call from my daughter's teacher that she was attacked. My daughter is 9 years old in the 4th grade. I immediately went to the school. She was in her classroom complaining of headache and neck pain, was never sent to the school nurse. Her teacher said multiple students came and told her that nia was choked and head banged on a table in the gym. My daughter also said other students were holding her as she was being attacked. I went and spoke with the assistant principal who said the situation was being taken care of with the other student and that my daughter's teacher is a new teacher and that it was negligent of her not to send my daughter to the school nurse. There was also no teacher in the gym at the time of the incident and the principal said she was going to check into it. I called the school police as I thought the whole situation was improperly handled. They said I could schedule a conference with the other child's parent which I didn't want to do or file a report. I just decided to take my daughter home and not pursue anything at that moment. I was so upset and overwhelmed. My daughter was upset as well. I just don't know what to do.
Speak with the detectives at your local police department and file a formal complaint, bypassing the school police. This is a criminal matter that needs to either be prosecuted or have the juvenile authorities investigate the perpetrators and take appropriate action in a juvenile proceeding. You need to protect your child.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Take your daughter to a doctor, her pediatrician or the ER, and have her headaches and neck injuries examined and documented. This is very important. She may also benefit from counseling, as this event sounds very traumatic. I agree that you should call the local police department and report this incident ASAP. Go OUTSIDE the school system. The school will do everything to keep the matter under wraps and avoid accountability. Don't let them. Your daughter may have a claim against the school and local school board. The school board may fall under the Local Tort Claims Act, but it depends on how the school board is insured. Some school boards may be subject to the State Tort Claims Act. What this means is, in order to be able to bring a claim in the future, you must serve written notice within 180 days by certified mail on the proper office detailing the information specified in the Act that you intend to make a claim. Without serving this notice properly, the right to bring an action may be barred. Therefore, keep this 180 day notice deadline in mind.
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