Legal Question in Personal Injury in California

My Son is being abused at school.

My nine year old son has a genetic disease(cystic fibrosis), which can cause him to miss school for various reasons, sometimes simply to rest. He has been in the same school district since he was five and every year I have sat down with the principal and discussed his conditions, needs ect... At the begining of this school year I did the same. The first week of school reulted in his teacher calling him names in front of the other students and refusing him his elecrolyte replacement, which is akin to dening a diabetic insulin. We met with him and discussed not only the impotance of his care but also that as a teacher he should refrain from calling our son durogatory names. This situation was of particular concern since due to his condition he was already a target of teasing by other children. The situation did not clear up and I called the principal who also did nothing, I then contacted the superintendent who seemed to adress this issue, however the situation has esculated to p[hysical viloence from several students, my son has reported this and was told that it was his problem. I have reported it and told it was his word against thiers. My son has several cuts and bruises, his lunch was destroed by students. What can I do?


Asked on 1/24/06, 7:09 pm

4 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: My Son is being abused at school.

Contact the school district and demand that the school develope an IEP (individual education plan) for your son. Then tell the school district that unless something is done to provide sensitivity training for teachers. Although you may have a cause of action against the school for defamation of your son, this course of action may provide a better result for your son and other students.

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Answered on 2/01/06, 10:49 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: My Son is being abused at school.

We deeply sympathize and empathize with the unfortunate "trauma" your child has needlessly gone through here. From the facts given, you appear to have very strong and actionable rights against the persons and/or school district involved. For a free phone consultation, contact us today.

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Answered on 1/30/06, 5:15 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: My Son is being abused at school.

Before considering litigation, it sounds like your son may qualify for services from the school district. You should contact a qualified special education attorney to review your rights under state and federal law.

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Answered on 1/30/06, 6:39 pm
David Lupoff Law Offices of David B. Lupoff

Re: My Son is being abused at school.

Your simple question is, "What can I do?" The answer is, look at your watch. Five minutes from the time you see on your watch, you should have an attorney on the phone! Call my office at, 818.385.0520.

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Answered on 1/30/06, 8:40 pm


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