Can I sue the public school? Help please.

[Flaca1997]

What is the name of your state (only U.S. law)? This is in Georgia. I want to begin by saying that I have documentation proving everything I am saying here. I have been teaching my son at home since halfway through Kindergarten. I put him in a public school at the beginning of 1st grade. His behavior was awful and he was not doing any work. Rather than let him fall behind, I took him out and homeshooled again. The school called DFCS on me and DFCS closed the case saying they found no reason to investigate. I had a baby in March of last year and teaching my son became difficult. I placed him back in the same school at the beginning of 2nd grade. He did still have some behavior problems that I was working with the school on. He became very sick not long after school started. I found out about a public school that you do online and enrolled him in that. I informed the school that I was making this change because I did not want him to fall behind due to missing school because of his health. The school called DFCS again and told them that my son was not being taught at home as he was below grade level, and that he had several unexcused absences. He had one unexcused absence. All 7 others were excused. Also the school had tested him before school began and found him to be on grade level. I have since had him tested and he is on grade level of everything, and well above grade level (as high as 5th grade level) on some things. Now I am having to deal with a lot of stuff from DFCS because the school lied. My question is can I press charges on the school? And if so, what charges would I need to file?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[wrongsometimes]

Can you sue? Sure. Would you win? No.

Sounds like you have butt heads with these folks before.

 

[PQN]

Google "homeschool legal defense" or "homeschool assn" with your state name. It is not unusual for homeschoolers to have problems with the public schools (not common, but not rare). There are groups out there to help deal with the school and cps.

 

[swalsh411]

Your definition of "excused" may differ from that of the school. Why was your son not in school on those 7 days?

 

[FlyingRon]

Can you sue? Sure. Would you win? No.

Sounds like you have butt heads with these folks before.

You might not even be able to sue. In Georgia, the waiver of sovereign immunity pretty much depends on how much you ask for versus how much the local government is insured for.

 

[ecmst12]

You'd just be increasing your own tax bill and taking money away from the other students in the school.

 

[A#1Headache]

To 1997

If you are facing any charges then have your attorney file for all documents; about your case, training qualifications of ALL people involved in your case, demand that the people who have accused you of anything file statements as to why it is your hide on trial not theirs, never be kind being kind with these people will help them in their case against you, if anyone wishes to see your son or his records make them get a subpoena or warrent, if anybody from any state government organization wishes to talk to you tell them to see your lawyer and if they still to bother you file harassment and or tresspassing charges against them a 911 call requires a written report and do not tell them you are recording everything it is your right to because georgia is a one party state, note if you catch somebody in a lie on tape that is good for you, explore the slander liable options also. Let them know tangling with you will cost alot of money, and the government hates to spend money and you have the appeal options if the local judges are a little to inclined to rule in the local government side. Then when all else is done explore federal law suits.

 

[Just Blue]

What is the name of your state (only U.S. law)? This is in Georgia. I want to begin by saying that I have documentation proving everything I am saying here. I have been teaching my son at home since halfway through Kindergarten. I put him in a public school at the beginning of 1st grade. His behavior was awful and he was not doing any work. Rather than let him fall behind, I took him out and homeshooled again. The school called DFCS on me and DFCS closed the case saying they found no reason to investigate. I had a baby in March of last year and teaching my son became difficult. I placed him back in the same school at the beginning of 2nd grade. He did still have some behavior problems that I was working with the school on. He became very sick not long after school started. I found out about a public school that you do online and enrolled him in that. I informed the school that I was making this change because I did not want him to fall behind due to missing school because of his health. The school called DFCS again and told them that my son was not being taught at home as he was below grade level, and that he had several unexcused absences. He had one unexcused absence. All 7 others were excused. Also the school had tested him before school began and found him to be on grade level. I have since had him tested and he is on grade level of everything, and well above grade level (as high as 5th grade level) on some things. Now I am having to deal with a lot of stuff from DFCS because the school lied. My question is can I press charges on the school? And if so, what charges would I need to file?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

You are yanking this very young child from a one-on-one class to a 20-1 class. No wonder the child is having behavior issues. Make up your mind if you are going to home-school or not. STOP playing games with your child's educational needs. Do not have more baby's if they are going to overwhelm your prior obligation to this child.

 

[smutlydog]

What is the name of your state (only U.S. law)? This is in Georgia. I want to begin by saying that I have documentation proving everything I am saying here. I have been teaching my son at home since halfway through Kindergarten. I put him in a public school at the beginning of 1st grade. His behavior was awful and he was not doing any work. Rather than let him fall behind, I took him out and homeshooled again. The school called DFCS on me and DFCS closed the case saying they found no reason to investigate. I had a baby in March of last year and teaching my son became difficult. I placed him back in the same school at the beginning of 2nd grade. He did still have some behavior problems that I was working with the school on. He became very sick not long after school started. I found out about a public school that you do online and enrolled him in that. I informed the school that I was making this change because I did not want him to fall behind due to missing school because of his health. The school called DFCS again and told them that my son was not being taught at home as he was below grade level, and that he had several unexcused absences. He had one unexcused absence. All 7 others were excused. Also the school had tested him before school began and found him to be on grade level. I have since had him tested and he is on grade level of everything, and well above grade level (as high as 5th grade level) on some things. Now I am having to deal with a lot of stuff from DFCS because the school lied. My question is can I press charges on the school? And if so, what charges would I need to file?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

I know this is a legal thread but felt compelled to respond because neither I nor my son fit into a public school setting. That setting is not for everyone and it doesn't mean the child is bad as you would probably agree. The teachers kept telling me my son's problems would get worse over time but just the opposite happened. As he aged his behavior improved and by the time he hit 14 all complaints about his behavior stopped. He is 22 year old model citizen who has never been in any legal trouble. If your son was in a classroom with less than 10 students thing would go smoother. If you PM me I have a lot great insight as I have been through and I have a masters in counseling. I don't want go into to far on a legal thread. I was at a point once where I wanted to sue the schools as well.