Seattle, WA asked in Education Law and Personal Injury for Oregon

Q: My daughter is constantly being hit or kicked in school (8yrs old). What are her rights and how do i get it to stop?

I have had multiple sit downs with the principle that always lead to a student being "talked to". However the hands-off policy is never enforced to a point that things will change. What should i do or can i do to let them know that i'm serious about getting the changes that will make all the students, including my daughter, safe from physical harm from other students at her school? Thank you

1 Lawyer Answer
Mr. Michael O. Stevens
Mr. Michael O. Stevens
  • Hillsboro, OR
  • Licensed in Oregon

A: If it is the same child hitting yours, you might consider counseling for your daughter. That would establish emotional harm. Then sue the parents and the school for negligent supervision, see ORS § 30.765 as to liability on the parents. For the school, note a tort claim notice has to filed and fairly quickly (assuming this is a public school).

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