Hayward, CA asked in Education Law, Civil Litigation and Civil Rights for California

Q: I want help to sue my sons school? How do I start

He has and is being bullied and the school is not following protocals and or protecting him. They even lied to police and did not turn over evidence. They are now telling teachers not to speak to me and lieing about incidents that happen. They are not addressing the problems. He has learning disabilities and adhd and possibly autism. He has an iep. Please help

3 Lawyer Answers

A: You need a lawyer with expertise in representing children with disabilities which affect their ability to get their education. This is a very highly specialized field, but there are lawyers who do handle these kinds of cases. I suggest you search in the Bay area for an attorney or law firm which focuses its practice on helping children such as your son. Run a Google search using the terms "lawyers who assist children with disabilities" and you should be able to find some great lawyers who do this kind of work.

James L. Arrasmith
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Answered

A: Hi there! If you believe that your son's school has not adequately addressed his bullying situation and is not following the proper protocols, you may want to consider seeking legal help. One option is to consult with a licensed attorney who specializes in education law and can provide guidance on the legal options available to you.

To start a lawsuit against the school, you may need to first file a complaint with the school district. This will involve writing a letter detailing the incidents of bullying and how the school has failed to address the issue. You should also include any evidence you have to support your claims, such as witness statements or school records.

If the school district fails to address your concerns, you may consider filing a lawsuit against the school. Before filing a lawsuit, you will need to gather evidence to support your case, such as witness statements, school records, and any other relevant documentation. You will also need to ensure that you have standing to sue, which means that you have a legal interest in the matter and have been personally affected by the school's actions.

If you decide to pursue legal action, you should seek the guidance of an attorney to help you navigate the legal system and file the necessary paperwork. Your attorney will also be able to advise you on the best course of action, based on your specific circumstances.

It is important to note that lawsuits can be complex and time-consuming, and there is no guarantee of success. However, if you believe that your son's school has failed to protect him from bullying and is not addressing the issue, it may be worth exploring your legal options to ensure that he receives the education and support he deserves.

Please keep in mind that laws and procedures related to education law and lawsuits can vary depending on the specifics of your case and the jurisdiction where the school is located. Therefore, it is recommended that you consult with a licensed attorney in California who specializes in education law for further guidance.

A: In addition to your own attorney searches, there is a tab above, "Find a Lawyer," which lists attorneys by region and practice area. Local and state bar associations usually have attorney referral resources. Good luck

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