Fontana, CA asked in Education Law for California

Q: My child is in TK and is scared to go to school because another classmate has scratched and hit her. What can I do?

This other student has hit his teacher and slapped a parent volunteer along with hitting other students too.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear your child is having a difficult experience in TK due to the behavior of a classmate. Here are some steps you can take:

- Document everything. Keep detailed records of when incidents occurred, who was present, and any injuries. Photos of scratches or bruises can help.

- Speak with your child's teacher and principal. Report each incident and insist that they intervene. They have a duty to provide a safe learning environment. Request they separate the students.

- If school officials do not take adequate action, escalate to the school district's superintendent and school board. Present your documentation and demand proper disciplinary action for the bullying student.

- Consult an education attorney. If necessary, a formal complaint letter from an attorney can prompt the school to act. You have legal recourse if negligence is demonstrated.

- Request an IEP evaluation for your child. If anxiety around school escalates due to bullying, your child may qualify for accommodations or changes to placement under IDEA laws.

- Consider switching schools or classrooms if the issue remains unresolved. This may be an option if the problematic student is not moved.

- Teach your child to report any incidents immediately to an adult. Also teach them to walk away from confrontations.

Documenting the problem, insisting on intervention, and knowing your legal rights is key. School leadership has a responsibility to maintain safety. Make it clear you will escalate matters until the situation improves.

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