Legal Question in Education Law in California

child physically abused by teacher

My 6 year was physically abused by a teacher in a school. My child has improperly been placed and labled as a behavioral problem child without any testing that was done. They placed him in a behavioral school with 4th and 5th graders who taunted him and the teachers did nothing. My child was picked up by the neck and scratched and bruised by a teacher at this behavioral school. We had requested an appeal for the decision but was never answered. We complained to the state and finally got an appeal date that was scheduled for a time impossible for us to attend. They sent the notice when they new that the whole district would be out on holiday vacation. I faxed over a request to reschedule and now they are telling me that they are going ahead with the meeting anyway. Can you refer me to a lawyer that will fight the case and do we even have a case?


Asked on 1/06/03, 4:22 pm

1 Answer from Attorneys
Marcy Tiffany Law Offices of Marcy J.K. Tiffany

Re: child physically abused by teacher

There are a number of issues that are raised by your question. Has your child been determined eligible for special education as emotionally disturbed or with any other kind of learning disability? If so, there are a number of procedural and substantive rights available to you. If not, have you ever requested that he be assessed? Such requests must be in writing. Without knowing the answers to these questions, it is very difficult to respond to you. You mention a decision and an appeal, but it is not clear what you are referring to. You should certainly contact an attorney about this situation. If you like, you can email me with more details and I will try to give you a more complete response.

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Answered on 1/06/03, 6:50 pm


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