QUESTION

Can a public school ever be held liable for tuition fees of a child who needs to switch schools?

Asked on Oct 26th, 2017 on Education Law - New York
More details to this question:
Hello, are there any circumstances in which a public school can be held liable for tuition fees for a child switching schools out of that district? My daughter has been a victim of bullying for about 3 years- every one worse than the previous. I’ve had so many meetings with the school I’ve lost count. Principals, school psychologists, social workers, etc. I have filed two police reports and nothing has changed. The school has failed in providing my child a safe environment for her education. My daughter tried taking her life this past weekend, and is currently in an inpatient facility. When she gets out, I cannot send her back to that torturous school. However, tuition for a school near us is 7k/year. Is there anyway to hold the school accountable for this? (We are in NY.) Thanks in advance for any help or advice.
1 ANSWERS
Answered on Oct 30th, 2017 at 4:54 PM
Yes, there is a way to hold the school accountable- bring a lawsuit for money damages. You can sue for the harassment and bullying but not for the suicide attempt, unless it happened on school grounds during school hours.  A school district can be held liable for damages caused by bullying if the school failed to supervise and the injuries were foreseeable. It's unfortunate you didn't take legal action sooner. You must serve a notice of claim on the school district within 90 days of the latest act of bullying, and bring a lawsuit within one year after that, if no settlement can be reached.  You might be able to reach a partial settlement with the school district fast, by negotiating an agreement that the school pay your daughter's private school tuition while the lawsuit proceeds. 
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