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My special needs child came home to tell us that his bus driver touched him. Do I have any recourse from the school district?

San Jose, CA |

My three year old son, described a specific person acting in a terrible way, without wavering. We called the police, but because he is so young, they said it would be bad to put him on the stand. Also he had a delayed speech, so it was difficult for others to understand him- not us, by the way. Now he has improved his speech tremendously with therapy. He still talks about this bus driver, can the school district help him with counseling? Also, we have moved to another city so he can continue his education without further trauma

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Attorney answers 3

Posted

Possibly, talk to a lawyer in that area. It would depend if the school different was somehow to blame ie...negligent hiring or policies that allowed this. Since the police did not get involved, I suspect it will be difficult

Posted

Let's start with the hard fact that if your child is a reliable reporter, there is a guy out there in a job with access to little kids who touches them where he shouldn't. That is just not acceptable.

We can't reliably reconstruct at this point in time whether the cops were right, but the police response to you raises the critical question of whether this person was investigated by the district employer. If the school district receives a claim from you with a demand for therapeutic services, the school can either accept the claim or deny it, but either way your claim will cause investigation by the district. Either way the district's lawyers will be on notice of the claim and will be alert to what they may have there in their critical workforce. Either way, your claim can operate to cause required attention to the possibilities here, and to enhance the observation and constraints for similar conduct by this guy at the expense of other little kids.

You can't get sued or hurt for making a claim.

So, consider talking to a local attorney with specific experience in actions against public entities. Discuss with that lawyer all of the reasons and potential benefits favoring filing a claim in addition to the regular objective of reimbursement for the costs of treatment for your child.

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Posted

This is a special education need that the school should accommodate. I would consider speaking to a special education such as Karma Quick at quickadvocacy.com

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