Can I sue my 13 year old daughter's school for allowing pornographic novels in the classroom?
Question Details:
This teacher allows the students to borrow these books and they even pass them around to their friends. There is a whole series of them and it's common knowledge to the students that these books are available to read anytime. My daughter brought one home and she is not even in the class ssince the teacher teaches a grade above her; she received it from another student. I have not taken any action but am appalled that my daughter has read material about subjects I was not ready for her to know about. Things in this book made me blush and I'm no prude. It's my right to decide what she is exposed to and when.
First, one issue is whether the bulk of people--the hypothetical "average" person--would be offended, or whether it's "only" offensive to you given your cultural or religous sensibilities? That is not to denigrate your values, if this were the case, or to imply they are not valid, but to note that the law does not protect *each* person's sensibilities; it generally only recognizes, in cases like this, what would be the average or general societal expectation. If these books would be acceptable to most parents, whether or not you agree with that, then there is nothing wrong in a legal sense.
Second, even if the novels are inappropriate, if the teacher is not him- or herself giving them out or distributing them to students, you probably can't sue him or her (or the school); you can't sue a person or institution over behavior or actions he, she, or it doesn't do. If it's simply student to student transfers (which, after all, could take place outside of school, too), the teacher and school are most likely not legally responsible--though it would be more appropriate for the teacher to at least *try* to discourage it (e.g. warn kids to not bring these books in; confiscate them if they are), and it would be a good idea for you to speak to teacher, and then, if necessary, the principal about the situation, and ask them to do what they can.
If, however, the books are clearly inappropriate and the teacher is him- or herself distributing them, recommending them, giving them out, then you may have a legal claim. If you believe this is the case, you'd be advised to consult with an attorney, who can evaluate all the circumstances and advise you as to your recourse.
