Small claim court question

What is the name of your state? Massachusetts

We (parents) are being sued in small claims court because our special needs
son accidentally broke his teachers glasses while he was in her care at
school. Our son attended this school as a special education child and his
disabilities are well documented there.
Are we responsible for his actions as a child with special needs?
Any advice on the situation or what to do in court would be greatly
appreciated.
Thanks.
M

mmastr01 said:

What is the name of your state? Massachusetts

We (parents) are being sued in small claims court because our special needs
son accidentally broke his teachers glasses while he was in her care at
school. Our son attended this school as a special education child and his
disabilities are well documented there.
Are we responsible for his actions as a child with special needs?
Any advice on the situation or what to do in court would be greatly
appreciated.
Thanks.
M

Click to expand...

Parents are responsible for the actions of minor children , disabled or not .

The teacher sure didn't break her glasses .

Do you know where to find that law or an interpretation of that law? Several people whom we spoke with state this should be an issue for the school and liability insurance. Also, our thoughts are, having a disabled child is difficult and if he cannot be held accountable for his actions then why would we as parents be held accountable. In the process of having a disabled child, they need lots of therapy and treatment. The school provided much of that therapy for our son. If we have to fear that we will be sued for any action during the course of his treatment then that would be a threat to us as a family always with no person really at fault. Certainly none of us asked for this disability.

mmastr01 said:

Do you know where to find that law or an interpretation of that law? Several people whom we spoke with state this should be an issue for the school and liability insurance. Also, our thoughts are, having a disabled child is difficult and if he cannot be held accountable for his actions then why would we as parents be held accountable. In the process of having a disabled child, they need lots of therapy and treatment. The school provided much of that therapy for our son. If we have to fear that we will be sued for any action during the course of his treatment then that would be a threat to us as a family always with no person really at fault. Certainly none of us asked for this disability.

Click to expand...

These were personal seeing glasses , not school property .

Yes they were her glasses that she was wearing while she was working as an employee of the school - working with children with special needs. Which brings us back to liability. If something happened to a child, they (the school) would be liable. If the school agreed to work with children with special needs, they should have a policy in place for such situations for liability. Most schools do, but this school did not.
from the first post that you made, can you point us in the direction of the parental liability law for this state? Also, any cases that came from that law pertaining to special circumstances.
Thanks.

ADDITIONAL RESOURCES FOR SPECIAL EDUCATION

The following is a list of further resources in special education. While the Children's Law Center is aware that some of the following list of groups do special education work, the decision to seek representation is an individual one. The Children's Law Center does not specifically recommend any of the following resources, and cannot guarantee whether these agencies will provide you with assistance.


Disability Law Center, Inc. Mass. Advocacy Center
11 Beacon Street, Suite 925 100 Boylston Street
Boston, MA 02108 Boston, MA 02116
(617) 723-8455 (617) 357-8431

Federation for Children with Special Needs Department of Education
1135 Tremont Street, Suite 420 Problem Resolution System
Boston, MA 02120 350 Main Street
(617) 236-7210 (ph) Malden, MA 02148
(800) 331-0688 (in MA) (781) 338-3737 (ph)
(617) 572-2094 (fax) (781) 338-3394 (fax)
TTY:
N.E.T. Relay 1-800-439-2370
Bureau of Special Education Appeals
350 Main Street
Malden, MA 02148
(781) 388-3300

Massachusetts Bar Association
Lawyer Referral Service
1-800-392-6164


Please also consider calling your local legal services organization. Some legal services organizations provide representation in the area of special education.

By law, each school district is required to have a Parent Advisory Council (PAC). These organizations are generally made up of parents who have disabled children in the local school district. For this reason many PACs can be a wealth of information about the local district, local advocates, and administrators. Please call your district's administration building for information on how to contact your local PAC.

Thanks. Will look into some of those!