Legal Question in Civil Litigation in California

negligence of school, teacher, or district for passing failing student

After transferrin to a new school, my son (a second grader)was placed in third grade based on his test scores and I was promised that class would be a 3/2 combo. However, the teacher just did third grade work/ with no 2nd grade accomodations. When I saw my son struggling, I asked for 2nd grade math at least. His teacher would comment ''he's doing fine, I am not noticing any problems.'' To make a long story short, after two months of my complaining they found a place for him in second grade. But he still missed about two months of 2nd grade and went from being a ''B'' honor student to a barely passing student. His confidence has gone way down, his writing, comprehension, and math are all deficient. We are now faced with looking for tutoring which can cost anywhere from $5,000.00 -$10,000.00.


Asked on 11/04/03, 8:13 am

3 Answers from Attorneys

Alvin Tenner Law Office of Alvin G. Tenner

Re: negligence of school, teacher, or district for passing failing student

Sorry, not my area.

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Answered on 11/05/03, 12:55 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: negligence of school, teacher, or district for passing failing student

Already answered.

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Answered on 11/05/03, 12:56 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: negligence of school, teacher, or district for passing failing student

This falls under the "common law doctrine of tough luck." There is no liability.

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Answered on 11/04/03, 1:48 pm


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