At Arias Sanguinetti, we understand abuse at school is a traumatizing experience that can be challenging to recover from for both children and their parents. Children deserve high-quality education and protection from violence. Abuse at school, the very place meant to provide those essential needs for children, is a horrific injustice. It can also be surprisingly common both in the Los Angeles Unified School District and in schools across the nation. The victims of these crimes are often students with special needs who have unique challenges in expressing their experiences. These children are left with severe trauma that can significantly impact the quality of their lives for many years.
It is imperative that both the abusive educators and the negligent school systems enabling such behavior are held responsible for their actions. Children, especially those with special needs, are among the most vulnerable members of our society. At Arias Sanguinetti, our team of Los Angeles school abuse attorneys specializes in securing financial compensation for the consequences of these traumatic experiences.
Common Examples of Los Angeles School Abuse
Children have all the same civil rights protections that adults do. It may prove more difficult for children to understand that their rights have been violated. Abuse in schools is especially horrific because parents entrust schools with the authority to instruct children on what is right and what is wrong. When children are abused in schools, they can learn that abuse is normal and to be expected, encouraged by parents – who have no way of knowing what is happening – to trust their teachers and do what they say.
Due to this complex landscape, it is crucial to understand exactly what constitutes child abuse in school. A violation of a child’s civil rights in school can take many shapes including, but not limited to:
- Physical abuse/corporal punishment. Corporal punishment that occurs in school is both a crime and a violation of your child’s rights.
- Sexual abuse. Sexual contact should never occur on school property and it is especially egregious when an adult has sexual contact with a minor. Physical touch of any kind should be limited, and when the contact becomes sexual in nature, perpetrators must be held accountable.
- Denial of reasonable accommodations. Schools are obligated to provide reasonable accommodation for students. For example, if a student needs special assistance due to being nonverbal, having physical limitations to their mobility, or needing special learning conditions, the school must provide it.
- Failure to report. All educators are mandated reporters, meaning that they must report any suspicion of child abuse. If a teacher has witnessed your child being abused at the hands of another educator or suspects that it may be happening, they are legally obligated to report it.
- Unreasonable restraint. Except in an instance in which the child is a danger to themselves or others, schools may not physically restrain a child.
- Emotional neglect. A school system may not neglect any student’s experience and must address bullying or mental health needs of students.
Discovering that your child has suffered any of these abuses can be shocking, but it is important to act quickly to prevent further harm. You must immediately contact the police, Child Protective Services, the school administration, and the experienced Los Angeles school abuse attorneys at Arias Sanguinetti.
Who is liable for child abuse?
Regrettably, some school districts tend to perceive students requiring special accommodations as burdens rather than recognizing them as deserving of an education tailored to their needs. Consequently, these districts may only offer the bare minimum of support for such students and may even turn a blind eye to allegations of abuse. Many parents have even reported struggling to force school administrators to act, even in the most egregious and clear cases of abuse. Children who are abused at school are often caught in a web of willful negligence, with teachers, administrators, and district school officials refusing to help them.
Every member of this web is liable for your child’s abuse. Many school districts, including the Los Angeles Unified School District, have been found liable for significant financial and emotional damages due to abuse in schools. At Arias Sanguinetti, we have won millions of dollars in damages for our clients who have suffered abuse in the public school system.
To better understand your legal options following an instance of child abuse at school, contact the attorneys at Arias Sanguinetti today.
How do I pursue legal action following an instance of school abuse?
Our Los Angeles child abuse attorneys are experts in the process of pursuing legal action following child abuse in school. We understand that your priority is your child’s well-being and that investigations by the school, the police, and Child Protective Services can make for an overwhelming combination. At Arias Sanguinetti, we understand that you have already been through a traumatic experience – we are dedicated to using our legal expertise to make the aftermath as easy as possible for you and your family.
If you should choose to pursue legal action, you must work with your Los Angeles child school abuse attorney to file a lawsuit within a strict time frame. California law requires that in any instance of abuse involving a public school or government entity, you or your attorney must file an administrative government claim form within 6 months of the incident or risk losing the chance to pursue justice. Even if you are unsure about pursuing legal action, be sure to file this form to keep your options open. Once that deadline has passed, there may not be any legal options available to you. Our Los Angeles child school abuse attorneys can help you file your administrative claim form.
Once you have filed your report, you will likely have until 2 years after your child turns 18 years old to file a lawsuit. In instances of sexual abuse, recent changes to California state law have removed all limitations on when you can file a lawsuit if the abuse occurred on or after 01/01/24. Tellingly, school district representatives made a notable effort to prevent the passing of this law. If the childhood sexual abuse occurred before 01/01/24, you must file your claims by either your 40th birthday or within five years of reasonably discovering the psychological injury or illness caused by the assault, whichever is later. Our Los Angeles child sexual abuse attorneys can help you file your lawsuit, even if the abuse occurred decades ago.
We understand that you are experiencing an incredibly difficult ordeal. We are dedicated to helping you in a way that meets your needs. These cases are sensitive matters – if you choose Arias Sanguinetti | Trial Lawyers as your Los Angeles school abuse attorneys, we will work with you to determine the best course of action that provides for the needs of your child and your family during this difficult time.
