Legal Question in Education Law in Arizona

mandates to file suit.

1)My son filed a suit against the school on may 20, 2003. on january 8, 2002 he warned the school if the did not stop harassing him or son for truancy.

My sons suit claimes 3 counts

fraud and misrepresentation, disability violation, equal opportunity to education.

2) The attorneys for the defense is attempting to dismiss the action. claiming the mandates statute giving people 180 days to gather a defense etc.

question:

in the event it is dismissed, is my son and grandson able to file suit against the school and its employees if they choose to do the exact same violations this coming school year? what can we do to protect our selves from these employees and prinicpal?

the district office assisted in the school haras and violate student and parent and was made aware of this problem.


Asked on 6/20/03, 11:08 am

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: mandates to file suit.

Your question doesn't really make sense, I'm sorry, but here goes:

Under your state lw, it seems, the attorneys have a window of 180 days to resolve a matter before a court has jurisdiction to decide the matter. That's what they're using as their first line of defense, which is reasonable.

You MAY have a futility argument, but only your attorney can spell it out for you in teh context of the suit you're pursuing.

As for the future, I strongly suggest that you sit down with the school and figure out what is going on here. There should be a mediation program in your school district, but if there isn't then you should ask for one to be appointed to help the two sides work out a common goal so that your child can get the education he's currently missing.

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Answered on 6/25/03, 12:12 pm


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