Legal Question in Education Law in California
Today at a public school my daughter was thrown out of the school office while she was having asthma attack and the school refused to call me for her inhalers she was left in the hallway suffocating untill another teacher found her I would like to know if we have a case if endagering the well being of a child or neglet seeing she was left suffocating with no one to help her
1 Answer from Attorneys
Hello:
It is possible, if she was damaged. There are very quick notice requirements for a government entity (6 months).
However, even prior to that (as litigation can be cost prohibitive), the most important issue is to ensure this never happens again. She should be evaluated for an accommodations plan right away. There are certain prerequisites to qualifying, but I would suspect she would qualify.
You should consult with an education attorney as soon as possible, as often the schools ignore parents until they get an attorney involved.
Best of luck.
Michelle Ball
California Education Attorney for Students since 1995, serving families statewide.
http://www.edlaw4students.com
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