Every Child Deserves A Meaningful Education

Education laws demand student protection

On Behalf of | Mar 19, 2024 | Special Education Law |

Every California school student is entitled to a safe learning environment within the public school system. Students with special needs often require accommodation provided by an adult assistant who helps them navigate each school day. All students, not just those with special needs, require constant supervision during school hours. Education laws are in place to keep students safe. 

The court recently awarded a 17-year-old girl who has special needs $26 million in a civil suit brought against the school district that failed to ensure the student’s safety in the classroom several years ago. Sadly, while teachers had turned their attention to another issue, some students were left unsupervised. During this time, a group of boys assaulted the girl, who was 11 at the time.  

The court ruled that the school district was negligent 

Although the school district claimed the teachers were dealing with another student’s meltdown at the time, the court ruled that education laws always require constant supervision for all students during school hours. The young girl was so traumatized by the assault that she was later institutionalized. The boys who assaulted her were brought up on criminal charges in juvenile court, but the records were sealed during the civil proceedings against the school district. 

Parents can expect teachers to adhere to education laws 

California students with special needs often encounter challenges just to make it through an average school day. Parents and students can expect school district administrators, principals, teachers and other school officials to make sure students are properly supervised. If a student with special needs is being bullied or has been assaulted, a parent can reach out for immediate legal support from a special education law attorney.