Can teacher sue school district-nebraska

MY wife is a teacher and she has been having issues with one student who trashes her classroom, breaks/steals personal property, and harms other students/my wife. My wife has had no support from the head of her school and they always handle office referrals in house. This student who misbehaves likely has an intellectual disability, but the principal will not refer the student for an eval for possible better school placement. My wife is has come home with bruises from the student and bites on multiple occasionsall have been documented according to school policy. Iher husband am getting tired of inaction by the principal. She has voiced her concern about the student with him and he instead blames herall of her other students behave normally and are hitting their marks. It seems like a simple solution to get psych eval and transfer the kid to a school that has training to handle these behaviors, but alas nothing has happened in the last 7 months. MY question is whether or not it would be reasonable to sue the school for neglecting their responsibility in protecting staff/students in this scenario?

Asked on March 29, 2017 under Personal Injury, Nebraska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Most likely it would not be reasonable for you to sue: if she "only" has bruises and some bites, then the amount she could sue for is trivial--the law only provides compensation for actual injuries (in proportion to the injuries) or costs (e.g. out of pocket medical costs); but in the meantime, suing a school can be complex for the layperson or expensive if you hire an attorney--you could spend more time, effort, and/or money on this suit than you'd get back. Seeking alternate employment is probably her best option.

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