Legal Question in Education Law in Indiana

I have a grandson that attends a public school. He is 12 years old. While going to lunch, he accidentally fell backwards and hit his head on a lunchroom table. The school nurse gave him an ice pack but did not notify us that he had been injured while at school. He finished school that day, Monday, and attended on Tuesday. Upon arriving home from school on Tuesday, he stated that he was dizzy, sick to his stomach, had blurred vision and had a bad headache. He was taken to the emergency room and it was determined that he had a mild concussion. The headaches continue. He was taken to his family doctor which prescribed no school until he could go 24 hours without headaches or any other symptoms. He was also administered an impact test.

He has missed most of the last 3 weeks of school. The school has been given periodic updates by his doctor. After the school contacted the doctor, the doctor changed the prescribed treatment of 'no school until he could go 24 hours without headaches or any other symptoms' to prescribing him an anti-depressant and half days at school. The school is now trying to force my grandson to attend school even though the symptoms persist. The school has gone so far as to send a letter to the county prosecutor since my grandson has missed a goodly amount of school. I believe the school is not considering what's best for my grandson. I also feel that the school, nurse and supervising teacher have been negligent in there attention to this matter. What should I do to insure the any actions are kept within the scope of my grandson's best interests?


Asked on 11/08/09, 11:32 am

1 Answer from Attorneys
Jorge GEORGE Rodriguez Law Offices of Jorge "George" Rodriguez

If your child's matter has been referred by the school to the prosecutor's office, they are most likely seeking a petition alleging delinquency for your child committing the status offense of truancy - basically being absent from school without legal excuse. Such a child's parent(s) or legal guardian(s) can also be charged with neglect of a dependant for failing to ensure school attendance. Your question becomes more complicated as you go back in time to the original injury and liability for that event, failure to notify and such. To insure that actions by others are in your child's best interest you should consult a local, licensed atorney familiar with your local juvenile court and delinquency matters.

Read more
Answered on 11/13/09, 2:41 pm


Related Questions & Answers

More Education Law questions and answers in Indiana