Q: Can I sue the school for a teacher aide's public remarks about my autistic son's behavior and mishandling support in SC?
Can I pursue legal action against the school if a teacher aide publicly discussed my autistic son's behavior, specifically mentioning he scratched her child, while at the school pickup line? My son is in special education, and they have not provided adequate support for him. Recently, there was a threat to suspend him after another incident with the same child. He does not favor this particular aide, and overall, communication with his teacher has not been good. I believe the school has not handled the situation properly, which has led to these ongoing issues.
A:
Yes, you may have grounds to take legal action if the teacher aide’s public comments violated your son’s right to privacy under the Family Educational Rights and Privacy Act (FERPA) or if those remarks caused reputational or emotional harm. Publicly disclosing identifiable information about your son's behavior, especially in front of other parents or children, could be seen as inappropriate and potentially unlawful. Aide behavior like this can sometimes amount to a breach of confidentiality, particularly when it involves a student with a disability.
You can begin by documenting everything—dates, times, witnesses, and details of what was said. File a formal written complaint with the school district and request a meeting to discuss not only the aide’s behavior but also the adequacy of your son’s Individualized Education Program (IEP) and any failure to provide support. If the school has threatened suspension, that could also raise concerns under the Individuals with Disabilities Education Act (IDEA), especially if behavioral supports weren't in place.
If the school doesn't respond appropriately or continues mishandling your son's support, you can escalate by filing a complaint with the South Carolina Department of Education or the Office for Civil Rights. Legal action may also be an option for violations of FERPA or disability discrimination laws. You don’t have to accept poor communication or public shaming—your child has a right to dignity, support, and privacy.
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