My 5 y.o. son has been in the daycare for 3 years. Five days ago a got a call from a part-time director of the daycare who I believe does not even know my son well telling me that she expells my son from class due to his emotional difficulties, that his teacher basically says that it’s either her or my son who could stay in the facitility and so they made a decision that we should seek for other place for my son. No warnings were made to us prior to this call, no meetings were scheduled to determine and resolve possible issue. When I arrived, I found my son in hallway all by himself, director was gone, teacher saw me but did not come out of the class to talk to me. My son had red marks under his eyes, no one explained how he got those. When we got home, my son was really upset telling me that director grabbed him by hands, dragged him to the office and told him she kicks him out of class, that no school will want him because he cries. He refuses to go to any school, he is scared and humiliated. He is starting to open up and telling us his teacher hit him in the head. I suspect there was some sort of abuse. How do I report this and sue teacher and director for negligence?
Before you start even thinking about suing anyone, make sure your own back is covered. Report this abuse to the police right away. I have represented many people in DCFS and criminal proceedings who find themselves there because of actions ultimately found to be caused by a teacher. The best thing you could do is be progressive. Once you have documented the incident, then you can begin to think about any possible action against the teachers or schools. I am not a civil attorney and I cannot say whether you have a case or not, but make sure you don't find yourself in any trouble first.
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