Do you think I should take my son out of school and sue them?

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i would definitely go talk to a lawyer, for the teacher to tell you that it "wasn't her responsibility" is a problem, from the time you drop him off at school until you pick him up, it IS her responsibility.
and that is their job to go "above and beyond" for your child, that's what they're getting paid to do, i definitely would not send my child back until after i talked to a lawyer, and don't sign the paper, they didn't rectify the situation, and it sounds like his teacher is a real *****.

and they didn't call you after they knew he drank the milk?
or after he got sick?
how could they know how serious his allergic reaction may be?
that's child endangerment, and it's against the law, don't listen to all these people, get a lawyer, what they did was wrong.
and you may not be able to sue them, but i'd definitely make a stink out of it, talk to the principal, and file a complaint with the school board.

EDIT:
and to all these people saying that it was the child's fault, he is SIX years old, when he is at school, it is the teachers' responsibility to watch him, ad make sure he doesn't anything to harm himself or anyone else, they knew about his disability, and that he wasn't suppose to have milk, and they neglected that fact.
and if too many kids come through the lunch lines for them to make sure children do not get food they are allergic to, then they need to hire more help, her child may have only gotten sick, but what if he would have been severely allergic to peanuts, and they gave him a peanut butter sandwich, and he died, i don't think you people would be saying it was the child's fault, and it's the exact same situation, only thankfully no one was seriously hurt.

i think you should definitely fight for all you're worth over this, i'm glad nothing too serious happened to your child, but it could be a lot more serious next time they overlook a child's allergies.

mr pickle

I think you should home school your son. Then, there would be no one to blame but yourself.

Vybhav K

Suing never helps anyone, but I understand that this shouldn't go unnoticed.

Try complaining to the district board and give em a fight!

Kylie M

I'm sorry your son drank the milk. I'm sorry that his teacher forgot to remove it from his possession, even though she did warn him not to drink it.

This is not worth sueing over. Seriously. Just deal with it. Send an official complaint, ensure the teacher doesn't do it again, and get over it.

Robert F

It is logical before you go to a lawsuit you make the person accountable at the school level through their supervisor. A lawsuit would not really gain you anything at this point since your son was ill but now he is fine. You would likely put out more money than you would get. If he was hospitalized or something to that effect then lawsuit would seem logical in my opinion. I disagree with the teacher in that it may not be her responsibility to monitor. However, when she mentioned it to him then she should have taken it knowing the situation. She would want some one to do the same for her child. That to me is like saying I won't stop two kids at the school from arguing (since I am on break or not on duty) when I see it and I am the nearest authority figure. It is time for you to talk with the administrator / principal. The next step would be the Central Office or School Board member. But, start with the School Principal.

It is possible your child traded with another child - that is something you need to check with your child as well. Explaining to your child that this should not be done (if this actually occurred). But, in talking with your child about the subject it should be revealed.

InfernoDragon

Really, just sue the school and cause as much trouble as possible for them, so it wont happen to other kids in the future

inthebackofmymind

i would not sign that paper i would go to the princ.. and demand that somthing be done! but if you realy think about it what can they do? they dont care about other people! it is there job to make sure that your child is safe as long as they are in that building! and they failed to do so! my son has been home schooled for the last 3 years because a teacher pushed into a drum base tearing his ligaments in his knee he spent the whole summer on crutches and has been scared every sence they fired him and he cant teach any more but still you have to fight them this is your sons right to be safe he is a baby! what does he know! she has alot of nerve telling you that! i would report her right away! if it was her child all hell would break threw! i hope things work out for you and please dont let this go! there is to many teachers getting away with these things

MR.monDRAGON

im no lawyer but it looks llike you can sue them. i mean it is their responsibilty to make sure kids are safe. she and the rest of the skool have to be extra careful with kids and their allergies and/or disabilities. plus not letting you kno what happended makes it even worse. its like giving my daughter medicine and not letting me kno. plus the fact that your teacher seems to be a real ***** whom does not care for those kids she "takes care of" she should not be allowed to work there specially if she doesnt like it. make them pay for what theyve done and help make that skool and many others be more careful and safe for our kids. =)

Dee

The teacher is right; she/he can't take food from a student when it's on their lunch tray. You can thank micro-managing for that.
She could have alerted a cafeteria worker or a supervisor, though.

Never assume someone loves and cares about your child as much as you do.

I wouldn't sign anything until you take the matter up with the principal and school board.

I wouldn't sue, but I would look for a firing of a certain teacher, cafeteria worker, or supervisor.

Hathegkla

you should take your son out of school but sueing them would make you a worthless piece of ****. parents like you ruin everything with your fragle "disabled" children with stupid made up conditions like peanut allergys and wheat gluten allergies. take your kid out of school and pay a private school to shelter him properly. he's 6 and more than old enough to know what not to eat, do your job as a parent and take care of it your self.

C to tha M

its their responsibility to keep your kid safe, they were negligent. I dont think you could sue them however, your son sdidnt suffer any long term consequences, and without credible witnesses (ie. ones over 6 years old) the teacher could deny that she saw him with the milk until after he dfrank it. As far as taking your kid out, do you think they had a lapse in judgement or do you think it will happen again? If you dont trust them, then find another school.

aniaksdh

Don't sign anything yet. Take the issue of the teacher's response to the principal. If you don't get a satisfactory resolution to the problem, or you aren't satisfied with the response of the principal, take it to the school board, with as much in writing as you can. When you have exhausted all options in their proper order, then you might have something a judge would consider blameworthy, and spending money on an attorney for. To make effort to improve the situation will be in your favor. You won't appear to be petty. Don't use obscene language, as it appears immature and out-of-control. Don't point a finger; let the judge do that. Making it appear personal with the teacher might work against you, and you don't want to let the school off the hook. Make effort to protect the child from your position outside of the threatening environment; perhaps keeping the incident fresh in your child's memory. Try something like 'remember how awful your stomach felt after you drank milk?'

LINDA R

I would not sign the paper. I would tell them that if they insist you do sign that you would need an attorney to review the document. I would also tell them that they need to understand the seriousness of your concern regarding your child's health and protection from the foods he must not eat or drink.

I would also think it important that the teacher who said they went above and beyond their duty with your son explain the details of that statement. Ask for specifics so that you can understand whether she was taking an attitude or their is something that she is resenting about your son.

I would take small steps in this issue and stay away from the "sue " idea for now until you learn more. You do not want your son to be under additional pressure if the teacher or teachers feel threatened by you.

I would make it clear that you expect the computer be read for any child that has restrictions of certain foods not just your son. It was that teachers responsibility to take the milk away when she knew it was bad for your son.

Stay calm and if things appear evasive or negligent see an attorney. First visits are normally no charge if it is to discuss whether you should file a suit..Good luck to you!

Jess Q

It is not your teacher's responsibility to monitor what your child buys for lunch. If he has these allergies, you should pack his lunch so he doesn't have money to buy milk. You could send your son to a different school or home school him yourself. I don't think you have much of a lawsuit but I'm sure someone around will pick up your case if you push hard enough.

Ian's Mom

To some degree you can sue and don't sign that paper that is telling you nicely if you sign the paper there is nothing you can do. My son was 15 and I took him out of school because of not only the bullying that there is a law against and no they didn't do anything about it but for the gangs in the school. There are cops in the halls of the school pretending to do things about the violence mentally to the kids and still nothing was done I was told he could not quit until the age of 16 but I was not putting up with my son coming home crying every day for being bullied I didnt take the school to court because I knew in my heart that I would not win so I signed him out and had him get his GED and he did get his high school diploma at the age of 16. The school system some how always wins and yes they are responsible for your child during the time they are at school until they walk in the door from school. That was poposterous what they did to your child and I would talk to a lawyer due to his age about what is going on while they are responsible for your child. What happens if your son drinks the milk and god forbid ends up in the hospital??? All due to the poor care of your child during school hours. Yes I would take my child out of the school and take legal action that is your child and his disability, no matter what it may be, the school does not have his best interest in mind obviously! wich they should . I dont blame you one bit for going after the school. I would also go to the board of education and speak to them about his provider while he is in their care. I hope things work out for you and your child. Best of luck

Liz R

Well since your child didn't receive bodily harm that caused him a serious injury i don't believe you have a lawsuit. If all that was sustained from him drinking the milk was him staying home all day and watching tv, its not a serious matter, it sounds like he's lactose intolerant, and they had a slip up at school. Teachers are not there to monitor just your child, they usually are responsible for a class of about 30 needy kids as well, so its easy for your son to get by unnoticed at times. If he was directed to get rid of the milk he should have done so, since he is a child of 6 and should know by then right from wrong, especially if he's been raised not to drink dairy products. Although your son is not fully to blame, and the teacher does share most of the responsibility of what happened, faculty has more responsiveness when treated in a professional manner rather than a "pointing the finger" situation. If you do feel quite uncomfortable having him at his current location, you should do what you think is best for your child, but consult it with him as well, you do not want to socially impair him from the group of kids he's used to either. Really take into account what's best for your son and if you'd be able to find another school that will treat him better than the one he currently attends.

*~@Alice Cullen@~* (new pic)

hmmm....well, this defidently should not have happened...I know someone who sued a school cuz their son broke his arm during gym...I would say go for it, talk to a legal person about this. But defidently get him to a different school for sure.

Will you answer my question? :)
http://answers.yahoo.com/question/index;_ylt=Ave9Mb_LoPnKDyfWmUT4rRDsy6IX;_ylv=3?qid=20090402210916AA1S6rl

luvrats

Honestly, I don't think the school did anything THAT wrong. The teacher is right, your son does need to learn about his restrictions and to do what he is told. Yes, even at 6 years old. His health will be HIS responsibility. If you baby him or make too many allowances because of his disabilities, you are not doing him any favors.

Besides, if you take him out of school, where will he go? Will the next school be any better? You simply cannot protect him from everything.

If they say they have rectified the problem then they probably have. New problems will arise, but no place and no one is perfect.

Good luck with everything.

PS I agree with the first answer -- paragraphs are a good thing!

rallman@sbcglobal.net

Afraid your lawyer would ask you what were the damages. He has to have something to get money for you.

Well if the school was already informed about what he can and cannot have, I'd say go for it if you really have the money for the cost of filing a suit.
It's more concerning that they did not inform you immediately of him ingesting the milk, or even when he was sick. That's definately child endangerment.

turbo_diesel08

take em to court...the school can be held liable....first they gave him milk when it clearly stated he wasn't allowed to have any due to his conditions....second the teacher that told him he wasn't allowed to have it failed to correct the mistake by taking it away....insted the teacher just walked away which is a major no no.....that's just like a teacher finding a gun in a students backpack and sayin you can't have that and walking away without taking action....your kid could have gotten seriously ill or even died at worse......take em to court and sue em.....DO NOT sign any papers they send...i guarntee that they will get you to sign something saying that they are not responsible....go consult a lawyer and take legal action.....

T D

lol....a lawsuit.....what are the damages?....he stayed in bed?

Lyth Raparos

That's insane. A 6 year old, especially a mentally slow one, to restrict himself from drinking milk? 10 year old children with mental defects don't even know the difference between a steak knife and a plastic one.

This is a thing that people use in court -

If a murderer had given the person who would die if exposed to lactose a cup of milk, and the man died, the court would have no choice but to rule it as class #3 murder, usually 10-20 years in prison or a heavy, HEAVY fine. Thus, this would be useable for court. You could indeed sue - ESPECIALLY if the teacher knew.

lisa_swarn

i agree you need to break this up.

i don't think you have a lawsuit simply because no damages was done. I mean your child did not need to be hospitalized and all he got was sick. I understand why you are upset, but your best bet is to talk to a lawyer, although suing the school would be time consuming, simply take your son elsewhere perhaps a school for people with special needs.

MelC

stop whining i work one on one with a disabled child on a strict diet and guess what his mom makes him lunches thay way there is no accidents do you know how many kids go through those lunch rooms in a day the school doesnt revolve around you and your kid lady dont be lazy make your kid a lunch in the morning

kid nana

Wow, that's awful. Your poor son. Those guys really have it coming to them.

Don't sign the form without getting a lawyer's opinion first. You really shouldn't sign anything without a lawyer's opinion.

Jamie

Don't sign that paper. I would pull him out of that school as soon as possible as his health is not being considered. That is obviously dangerous and they have neglected the fact that this is a serious issue. Contact a lawyer for a consultation, they will tell you if you have a case. Even if you don't end up suing them, I strongly urge you to take him out anyway. I would hate for my son's health problems to be ignored. Take this issue to the school board. Make your voice heard on this matter so they know you are dead serious. They wouldn't want their children's needs being ignored would they? Good luck with everything and I hope your little boy feels better. :)

(J)

you really shouldnt sue, having an alergy to milk isnt a disability, and its your sons fault, you can sue people for what someone did on their own, your just going to be wasting both, yours and theirs time and money. just explain to your son why he cant have milk, and kids get sick all the time, its probably going to be worse when he gets the flu, just get over it, everything passes, hes not going to hate you for the rest of his life for not letting him have milk. im not trying to tell you how to parent your kids, im just telling you that sueing is not a good idea, and dont be so sue-happy at everything that happens to your child, it gives you a really bad reputation, and it also gives your son a bad rep when he gets to high school, that means no sueing if he breaks his arm somewhere, no sueing if he gets punched by a kid at school, no sueing at all, its just life, gotta cut the kid a little slack.

a sum amount of money wont pay for anything really, its just showing that you using your kids to be a greedy snob (no offense to you, just saying)

i also have that problem with dairy, let him figure out that he cant have dairy on his own, if he dont figure it out soon, hes gona be in real pain later.

sgtnoodle

All suing will do is waste tax payer money. If your kid is too special for public education, then you shouldn't send him to a public school. It sounds like the teacher made a fair attempt at stopping your kid from drinking milk. Perhaps the experience of drinking milk and getting sick was a good life lesson for him... he probably understands why he can't drink milk now.

Having some sort of genetic condition is quite unfortunate, but you can't expect the world to bend over backwards trying to accommodate you. If you were a wild animal, natural selection would pretty much insure destruction. Just be happy that you are a human living in modern times with access to health care and foods besides dairy products. Life is fragile, and the world is dangerous. Unfortunate events happen, and you just have to roll with the punches and use your intelligence to try and maximize your situation. If you are smart enough or lucky enough to afford private care, then good for you. Otherwise, rely on the public services provided by your government, and just hope that it turns out okay. If you can't accept that, then do what everyone suggests and do it yourself.

john

i would be so pissed if i was u but i dont know about going as far as to sue but i bet u could.

Ever Stressed

Why is it in this culture to sue over every tiny thing.

Just blow them up, while their having a Christmas play, that will create more impact than just calling a claims company. Plus you always have the option of sniping survivors, while they are ablaze.

Momma_of_5

Yes you should consult a lawyer, yes you should lodge a complaint with the school board for lack of safety compliance for you special needs child. There is a protocal in place and I assume an IEP ...that should be followed at all times to make sure your child is never put in danger no matter what level that may be & so your child can be in a safe learing enviroment at all times. Since this is not the first time I would definitely not back down. He may have only been sick for a day at home this time but that doesnt make it any less dangerous or serious....the school IS responsible & due to the protocal for your child they DO have to comply & be held accountable when they dont. One person who works as a one on one with differently abled kids commented that you need to stop whining & says you need to make him lunch....I am appalled!!! That person only has a job due to kids needing them & should do whats right for that child at all times. Obviously this person is in the wrong field of work!!! One on ones job is solely to make sure their child that they are assigned to IS always being cared for & supervised at all times. Thats why these programs are in place! The teacher that saw your child woth the milk had a responsiblity to remove it from your child....the protocal requires it. You should not have to be required to provide him lunch everyday in order for him not to get sick. The schools make sure the kids have a diverse ethnic menu to be politically correct & should have no problem with having safe foods for those whos lives could very depend on what they eat!! Accidents happen but as you said this wasnt the 1st time so its no longer an accident, the school should have had a stronger control system in place. I dont think you should remove him from school ....everyone has a right to a safe learning enviroment & removing him will not solve the issue or change it. You standing up for him will make the system better not only for your child but the next ones. I have twins with disabilities who are now 18 & have been thru it all. Us as parents ...we are their voice, we are their advocate. Dont let ignorant people with their uneducated negative comments sway you from getting the school to do whats right. Prayers to you & your family.

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