QUESTION:
My son is in the 7th grade and has a disability. He was put on a chokehold by his Special Ed teacher on February 12, 2013. My son has been diagnosed with PTSD after the incident. I was in contact with the Lieutenant but he’s not returning any of my calls. My son feels hopeless and I try to encourage him. I’ve decided to homeschool him since I don’t trust the school any more. The principal didn’t do anything to help my son. He told her on a few occasions that the teacher was calling my son names and pushing him and flipping him out of his chair. Now I’m getting bills from the school for the damages made by my son. I’m out of options. I have pictures, a copy of his diagnosis and a police report.
ANSWER:
The special relationship between a student’s parents and teachers may expose the school district to liability to the parent for failure to act to prevent harm to the student. [Phyllis P. v. Super.Ct. (Claremont Unified School Dist.) (1986) 183 CA3d 1193, 228 CR 776 —special relationship between teachers and parents required school district to inform mother of student’s molestation and subsequent psychological counseling (mother could recover emotional distress damages). On the other hand, a parent’s direct victim claim is sufficient to survive demurrer in an action against a school district for failure to notify her of earlier sexual assaults on the child. The duty to the mother is rooted in her “special relationship” with the school district, making her a foreseeable victim of the school district’s nonfeasance. [Phyllis P. v. Super. Ct. (Claremont Unified School Dist). Moreover, the Child Abuse and Neglect Reporting Act (Pen.C. § 11164 et seq., ¶ 2:3560 ff.) imposes a mandatory duty upon medical personnel and several other specified persons to report known or suspected child abuse (or neglect) to local police and juvenile authorities. It would be best to seek personal assistance from a lawyer to help you in filing a personal injury claim.