I concentrate much of my practice on various civil rights issues, not the least of which are cases under the American's with Disabilities Act, (or today the American's With Disabilities Amendment Act of 2008).  Your Daughter might have a case pursuant to the latter Act.  I will give you my email so that you can email me with your number.

There are to me variables to tell you whether you can sue or whether I can help you, however, I would be interested in speaking with you.

Email me at  rsnalleyesq@gmail.com with your telephone number if you wish to talk.

Very truly yours,

Ryan Scott Nalley

rsnalleyesq@gmail.com

The Law Office of Ryan Scott Nalley

161 North Clark Street

Suite 4700

Chicago, Illinois 60601

Sorry, I forgot to answer your question.  I do not believe you have any claim for negligence, unless your child has been injured.  However, you stated that your Daughter is in special education, which leads me to believe she might be disbled within the meaning of the ADA, or ADAA.  If she does qualify as disabled, is otherwise qualified and able to participate in the school, and the school is not allowing her to participate because of her disabled condition, the school may be liable for discriminating against your daughter.