Daughter has been called names several times. First time teacher was told and said she would investigate further. I brought to principal and she basically said I would need to talk to teacher, told her child that is bully is not in child’s class and to handle it. Child was bullied again with names by multiple children. Child brought to teacher and she told child to “toughen up and suck it up like last time.” Child cane home and attempted suicide by hanging.
Also have issues with school and district for my youngest child that has 504 and IHP in place due to medical conditions. Need help for both of my children.
It depends whether it was reasonably foreseeable to the school that the student would cause injury to herself as a result of unaddressed bullying within the school. While the teacher's statements don't appear reasonable and professional, that alone is unlikely to be enough to hold the school liable. This incident will establish a prior event that should put the school on notice that the school needs to address the bullying behavior and provide appropriate resources for your daughter, but it's highly unlikely that a successful lawsuit would result from this incident. But without fully assessing all the facts in your case, this general assessment may change.
The IEP issue is VERY fact intensive and will require you to consult with an attorney experienced in special education matters.
This answer provides general advice and should not be understood as to create an attorney-client relationship between the questioner and the responding attorney.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline