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Principal Assaulted My Child: How to Find the Right Lawyer for School Abuse

I am so sorry you are going through this. What you described—a principal deviating from an IEP, physically handling a child without imminent danger, and causing documented injury—is not just a "school incident." It potentially crosses the line into battery, child abuse, and a violation of Civil Rights.

Because you have video evidence and medical documentation, you are in a strong position, but you need to find a lawyer who understands the intersection of schools and injury law. Most "education lawyers" only handle IEPs, and most "injury lawyers" don't understand school immunity laws. You need a specific approach.

1. The Three Types of Lawyers You Need to Look For You are actually dealing with two or three different legal issues here. When calling firms, ask if they handle these specific areas:

  • Special Education/Due Process Attorney: This lawyer fights for your son's educational rights. The principal failed to follow the IEP/BIP (Behavior Intervention Plan), which is a denial of FAPE (Free Appropriate Public Education). Goal: Compensatory services, placement change, removal of the principal from your child's team.

  • Civil Rights/Section 1983 Attorney: This is likely what you need for the "throw" and the bruising. These lawyers sue government officials (principals) for violating constitutional rights (excessive force/bodily integrity) under Section 1983. Goal: Monetary damages and accountability.

  • Personal Injury (with Tort Claims experience): If you cannot find a Civil Rights lawyer, look for a Personal Injury firm that has successfully sued school districts or government entities before. Suing a school is harder than suing a private person due to "Qualified Immunity," so you need a specialist.

2. Where to Find Them (The Search Strategy)

  • COPAA (Council of Parent Attorneys and Advocates): Go to the COPAA website directory. These are attorneys specifically dedicated to special education rights. Even if they don't handle personal injury, they will know exactly which firm in your state handles "school abuse" cases.

  • Your State's "Protection and Advocacy" (P&A) Agency: (e.g., Disability Rights [State]). Call them. They often take on abuse/restraint cases for free if they are egregious, or they can provide a referral list.

  • Google Search Terms: Do not just search "school lawyer." Search: "School seclusion and restraint lawyer [State]," "Student injury attorney [State]," or "Civil rights education lawyer."

3. The "Intake Script" (How to get a call back) Lawyers get many calls. To get their attention immediately, say this: "I am seeking representation for a 9-year-old special education student. I have video evidence of the principal deviating from the IEP and physically throwing the child, resulting in medical documentation of bruising. We are looking to pursue both administrative remedies and civil liability."

4. Immediate Non-Legal Action While you look for a lawyer, ensure you have filed a police report for assault/battery (if you haven't already). Even if the police do not press charges, a police report number creates a crucial paper trail for your civil lawyer later.

VillageED’s special education services page offers guidance for restraint and seclusion incidents: https://www.villageed.org/sped-services.