Q: Is it legal for a teacher to deny a student restroom use?
My daughter was refused restroom use during class and then when she was allowed to go, she was punished for doing so. So the next few
times she had to go she held it to avoid punishment. Which resulted in incontinence and then a UTI.
The physician stated is a direct result of her having to hold her urine. She was told to write her name on the chalk board after using the restroom and told that she couldn't ask to use the restroom during class for the next 3 days. If she did ask she would lose her lunch recess. Is this right???
A:
No. Suggest you contact an education law center This might be a place to start ; https://www.learningrights.org/mission
She would also have an injury claim. How you wish to proceed when she's in the school is something to discuss with an attorney who handles education cases in your area. CAOC members give free consults.
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A: I do not think it is illegal, but certainly a violation of some school code behavior. Talk to the principal and file an investigatory report. Best of luck.
A: I don't believe it is "illegal", meaning that a crime was committed. It may be negligent, so that a personal injury claim could be pursued. The damages don't seem significant, though. A complaint to the Principal, Superintendent and/or Board of Trustees of the School District may be a better approach.
A: That sounds like a violation of the education code and potentially a tort as well. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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