Most likely you are relying on the reports of a child or children in this matter and those will not by themselves suffice as the factual basis for a lawsuit. But the reports of your son and/or his classmates is adequate for a complaint to the teacher and the school and a request for investigation by the school administrative officers. Suing is almost never the correct course as a first resort.
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This type of behavior is unacceptable. Your child does not deserve to be treated this way.
This answer is for informational purposes only. I am not your lawyer. If you want legal advice concerning this question, you should hire a lawyer.
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