Legal Question in Education Law in New York

My daughter may have broken her ankle on November 29, there was no visible fracture in the x-rays but Orthopedics say that it could be broken because a fracture on the growth plate is almost impossible to detect.

She finally went went back to school today (12/5) and when I picked her up from school at dismissal, I found out that the chair lift that is on the stairs is out of service and there fore my daughter whom is in 2nd grade had to walk around the building to access downstairs both for an assembly and for lunch.

The more I think aout this I am upset, is this ok? For a child to walk around the building, we are in NY and her doctors note says crutches and she's out of gym for 6 weeks, so this also concerns me as it gets colder and possible snow in our area. I looked into FAPE and IDEA but can't find anything that I could use for help. I am going to call the school tomorrow and express my concerns.


Asked on 12/05/11, 9:31 pm

1 Answer from Attorneys
Michael Krigsfeld William Schwitzer & Associates, P.C.

Did she fracture her ankle at school and was it due to the negligence of the school or any of its employees? Was it a public or private school? If it is a public school then a Notice of Claim needs to be filed within 90 days of the accident. For an absolutely FREE consultation with personal care please contact me at 347-702-4133 or [email protected]. I would be more than happy to walk you through the process.

If she did not fall at school and your issue is the lack of access provided by the school then I would address it with the school first. If it cannot be resolved then contact the education department.

Read more
Answered on 12/07/11, 11:39 am


Related Questions & Answers

More Education Law questions and answers in New York