school negligence

[2kidsmom]

What is the name of your state? california
son in first grade was being bullied by classmate who was also in his small reading and math groups. teacher refused to separate them despite my repeated request. worst incident was son being held down while bully and friends took turns punching and kicking him. took him to emergency room. he had scratches on face and arms, bruises on chest and legs. repeated reports to teacher and principal brought no relief. bully was never disciplined. principal claimed since no one could backup son's story, he couldn't do anything. (son began having nightmares, temper tantrums about going to school.)i witnessed two violent attacks, reported them and was told I was overreacting. i was told to get along with bully and his parents or quit volunteering. the bulling continued. son was hit kicked pinched, spit upon on a daily basis. i went to school board who was sure principal could make everything better. principal informed me he didn't appriciate having his supervisor knocking on his door. last incident involved bully tripping son. both were sent to principal's office where he manipulated son into admitting that he was at fault. principal stated that since son "told him what he wanted to hear, so he wouldn't be disciplined.iremoved sonand place him in another school. i've been informed that son's below standards in reading and math and has to take 1st grade over. He still has nightmares, and misses his friends. feels he's being punished when he did nothing wrong. after removing him from school i discovered that there were at least 5 other kids who suffered abuse from the same kid. parents complained to principal who did nothing. What are the chances of us getting this clown out of the principals office and how do we get the ball rolling. do we have a right to sue for negligence?

 

[totallybroke]

You and your son should not have to put up with this type of treatment, you also should not have to change schools.

I found this website but didn't have time to dig into it to find any answers. http://www.cde.ca.gov/fiscal/dist_org/handbook.htm

I am thinking you need to first go to the superintendant of the school, if that doesn't work get in touch with the state board of education and file a complaint.

 

[chipngale24]

Hi I am a mom also( i am no lawyer sorry) and i read your story! its so sad that the schools let these things go on , did u say that u witnessed some of this ? Did your son's school have a security guard? if your son had bruises and scratches i would think calling the police would have been best to proceed with assault charges .the school system is really screwed up badly and im afraid to say it gets worse in the higher grades, i was told that if a child breaks a test tube they have to pay for it, they will hold your childs reportcard for every little thing, and they get suspended for the pettyest things...I have alot of horror stories from our school district and from other parents ....good luck to you and i hope your son will be ok soon ...poor kid!!!! sincerly chipngale24

 

[2kidsmom]

thanks to those who respondedthesupport is appreciated.
i did check out the handbook you included. it's more for creating or reorganizing a school district. i did find some interesting info at www.nssc1.org. ( national school safety center) school crime and violence victims rights is a book mentioned which defines current liability law regarding schools. unfortunately none of the book is available online. I'll purchase one asap. my lobbyist friend agrees that the board of education should be my next stop. This entire situation is frustrating and overwhelming. To add to the sting, this school just recieved the distinguished school award! If they (the dsa committee) only knew! Any info you come up with will be appreciated. i'd like to know what the procedures and processes are before i knock on anyone's door. thanks again

 

[lawfinder]

I know that in my state a tort claim must first be filed against any government entity such as a school before a suit is brought. Here in Idaho, I am able to file suit against teacher for negligence, the administrator or administrators, and file suit and/or file charges against the perpetrator. I must make sure I keep accurate records of all contacts with the school. Our schools are required to follow strict investigatory and reporting rules. We also have liberal statute of limitation rules. I am not sure of California. If you would like to email me I would be able to send you some links to reference sites that may provide some good information for you that I use in my research about these matters. I wish you the best. Not a lawyer, but a parent who has been through it.

 

[2kidsmom]

reply to lawfinder

california
i submitted a request in writing to principal to view all files/records/documents pertaining to my son's situation, all meetings with principal etc. He left a message on my home phone that he doesn't keep such records regarding student problems, meetings etc. I find that very hard to believe. How does he track what's been said to whom? If what he said is in fact true. . .then I have the only record of what has transpired for the last nine months. That is a plus for me isn't it? I am very interested your research links and thanks for your response.

 

[MSWCCC]

Oh, God, I was once that child. The school also did nothing. And being bullied by the principal? In 5th grade, on the way home from school, I was jumped by a group of six kids, boys AND girls. Thank God my dad taught me to fight very well. Only one hit landed on me, but they succeeded in stealing my new flute. My parents called the school. The principal called all of us into her office and concluded that I must have been to blame. After all, all the other kids liked each other, so I must have done something, right? She made ME go to each kid, in front of the others, extend my hand, and say, "I'm sorry that I was wrong and made you not like me. Let's be friends." It was hummiliating. My parents threatened to sue if the principal did not get my flute back. Which she did, without punishing the kids. I got lunchtime and after school detention for a MONTH. At DARE graduation, my mom was present. When my name was called, the kids all started booing and someone threw a spitwas. The principal...laughed. Not knowing my mom was there. Mom went to the front, grabbed my hand, and yelled at the principal until she was shaking in her stilletos. Mom took me out of there and to TCBY to get my favorite treat. From there we went to a nearby private school and my mom enrolled me literally that day. It was two weeks from the end of the school year, so I started the next year. Because of Agnes Baptist (not a religious school-it was named after a woman of that name) I was suicidal and depressed. At BVSC I flourished. If not for the bullying, I would have stayed at a mediochre school rather than one of the best Christian schools in California. Just make sure your son is at a good school now and get him therapy if he needs it, and try to get him in some activities. Don't force him though, just encourage him. I did choir and volleyball. (I am a female, btw). And we wonder why there is more violence in schools these days. My high school (public-we moved to a place with no local private schools) had no punishments for kids-no detention, nothing, and did not believe suspending was a good way to punish akid-which really isn't. I mean, punish a truant kid by allowing him to stay home from school? But there was not detention or anything, and no grades requirement to do sports. That was Oregon.

Good luck to your son. I hope he grows up to be as confident and outgoing as I have.