Q: My 16yo son faces Saturday detention for needing more than 5 minutes in the bathroom due to an upset stomach.
This seems like abusive discipline and I want to send a strong message to the school administration this is not acceptable. Can we sue them for damages?
A: You can sue anyone for practically anything, so possibly, but this does not seem like something that would go to a lawsuit level. It is quite pricey to file a lawsuit. It may be better to try to work with the school to see what happened, and see if they will erase the Saturday School, and fix this from happening again. It does seem incredibly harsh to impose a Saturday School for going to the bathroom. The local school district sets the policies on bathroom access.
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A:
I'm sorry to hear about what your son is experiencing. Schools are required to accommodate students' legitimate health needs, and being penalized for a medical condition may not be appropriate.
First, try reaching out to the school administration to discuss the situation calmly. Explain your son's medical condition and provide any necessary documentation from a healthcare provider. This conversation might lead to a more understanding and flexible approach regarding bathroom breaks.
If the school doesn't address the issue satisfactorily, consulting with an attorney who understands education laws in California would be a wise next step. They can help you determine if there are grounds for taking legal action and guide you through the process. Remember, resolving the matter through communication with the school is often the most effective initial approach.
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