They Said My School District Can Not Help, But I Didn’t Really Know …!
Schools are responsible for their students’ safety while on school grounds or when students participate in school events and activities.
You expect a safe environment when you entrust your child to a Waco school—one where teachers and administration treat your children with the care and respect they deserve.
Unfortunately, many schools fail to prevent abuse and school bullying.
Some schools even refuse to recognize they have a problem.
Children have been seriously injured and have even lost their lives to suicide because of relentless school abuse, bullying, and harassment.
If your child is a victim of school abuse, bullying, or harassment, act to stop it now. Call a Texas child injury lawyer at our Waco office immediately for help and information.
Can I Bring a Lawsuit Against a Waco School for Physical Abuse, Sexual Abuse, or Student Neglect by a Teacher or Aide?
School administrators are tasked with protecting all students from harm. Part of this task includes properly supervising teachers and staff.
A school district might be liable for abuse, neglect, or harm if school administrators knew or had reason to know that a teacher or aide assaulted a child or failed to take action to protect a child.
Many states, including Texas, extend liability
if a teacher harmed a special education student and administrators knew or had reason to know that a teacher or aide was untrained and could not care for that student.
Can I Bring a Lawsuit Against a Waco School for the Harassment, Bullying, Physical Assault, or Sexual Abuse of a Student by Another Student?
Most educators and school administrators dedicate themselves to providing their students with a safe learning environment.
Unfortunately, an alarming amount of student abuse—even sexual abuse—by other students occurs in schools nationwide.
Texas teachers and schools are mandated to report abuse and inappropriate sexual conduct by students to the police or county welfare department.
Failure to comply with this duty can result in fines or jail time. Parents may also bring claims against teachers and the school district.
Lawsuits against a school in student-on-student assault and abuse cases often rely on the legal claim of “negligent supervision.”
Negligent supervision is a tort action that involves children and the individuals entrusted to care for them.
When school staff members fail to supervise children properly, courts consider the failure a negligent act.
Because the failure is a negligent act, a parent can hold a school or teacher liable if a child is injured.
Protect Your Child Now!
Children who have been abused or bullied at school may need therapy for years to work through the abuse and trauma they experienced.
If your child was abused, bullied, or harassed at school, our law firm can help protect your child now.
Depending on the type of abuse, harassment, or bullying, our experienced lawyers may be able to file a negligence suit or other suits under several causes of action, including:
42 U.S.C. §1983 – Holds School Accountable for Discrimination
42 USC 1983 can hold a school district accountable for constitutional violations.
These are constitutional claims pursuant to the 14th Amendment to the United States Constitution as contemplated by 42 U.S.C. §1983.
Public school segregation is an example of a 14th amendment violation as it violates the 14th Amendment’s Equal Protection Clause.
29 U.S.C. §794a – Nondiscrimination Laws
This federal statute addresses discrimination based upon disability pursuant to Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794a (“Rehabilitation Act”).
Denying a child with developmental disabilities the opportunity to benefit from support and services available through the school district is an example of a violation of this clause.
20 U.S.C. § 1681 – Discrimination Based Upon Gender
Causes of action under 20 U.S.C. § 1681 include claims regarding bullying, harassment, and discrimination based upon gender.
These claims are pursuant to Title IX of the Education Amendments of 1972 (Title IX), 86 Stat. 373, as amended, 20 U.S.C. § 1681.
Administrative Law, Due Process, and Other Claims
We can also help facilitate administrative law, due process, and other claims, including:
- Internal grievance complaints against educators and administrators,
- OCR complaints,
- License or certification complaints,
- Special education complaints with TEA,
- Special education due process hearings,
- 504 hearings,
- Level I, II, and III complaints (internal district grievance procedure),
- Cooperation with supporting agencies (MHMR, DARS, etc.), and
- Case management and attendance at ARD and IDEA protocol hearings.
In addition to the general duty to supervise students, schools must also protect students from foreseeable injuries by third parties, including non-students.
For this reason, schools may also be liable for injuries caused by other actors.
Types of Child Injuries
Any time a child is injured is cause for concern. Injuries a child may incur in a school setting vary and can include:
- Physical assault,
- Sexual assault,
- Car accidents,
- Bicycle accidents, and
In cases of fatal accidents, a child injury attorney at The Zimmerman Law Firm, P.C., can file a wrongful death claim to help you cope with the incalculable loss of a child.
Contact a Child Injury Lawyer at The Zimmerman Law Firm
The Zimmerman Law Firm P.C. represents parents and guardians of children who suffered abuse at school.
With almost a century of combined experience under our belts, we understand how sensitive child injury cases are and work closely with our clients to obtain justice.