We sue business for services not deliver why can't I sue teachers and schools who fail children?

Answer 1

because most likely it was the parents who failed those kids not the teachers. Who by the way arent paid enough to baby sit the little crack addicted monsters.

Answer 2

You can theoretically. Winning the case is another matter.

If you order pizza from your local pizzeria and it arrives as a blob of gunk unrecognizable as food and you don't get a refund, sure you can sue and win more than likely. IN this case though, the service does not require the cooperation of the person being offered the services and thus, all you have to prove is that the business did not do their part.

In a case such as parent vs. teacher, you have much more to prove and in general, it's my experience that students who fail didn't fail because they can't learn or weren't receiving help. If you can prove that the school wasn't providing the student with necessary help or education, go ahead and sue. But chances are you won't be able to and thus won't have a case that will stand up in a court of law.

Answer 3

Well for one we pay for services from business's, and yes I do understand that we pay teachers through our taxes as well but....look at it this way. If you did use a business for a service and it wasn't done the way you expected you would be unhappy, right? and probably never use them again. So, why should a child advance to the next grade when they're not ready for it, just to be unhappy and not be able to what is expected of them. Would you rather a child advance to the next grade when they can't handle the work? I don't see anything wrong with holding a child back in a grade and I wouldn't consider it a failure to the student or the teacher, not everyone advances at the same level and there's nothing wrong with that. So, in saying that, why would you want to sue a school?

Answer 4

Well the state of Ohio was sued for not adequately funding the public schools and the courts ruled that the schools were not being adequately funded and ordered the powers that be to "get it together" and find a fair and adequate way to fund the schools and guess what. The govenor said "we can't" and that's it. The court won't get involved anymore even though their ruling was never carried out.

Teachers aren't the problem. The government is because they think they are above the law and don't adequately fund the schools. And the parents are because they don't do their job which is to prepare their children for school.. And the students are because they don't do their part.

Answer 5

Because the teachers and school do not fail the children. The children (& parents) fail themselves. It's very easy to blame the teacher but do you really think that the teacher goes to work to help children fail?

So what's a parent to do to prevent the failure?

1. Require students to be responsible.
Get rid of excuses like "I forgot." and "The teacher didn't tell me."

Do not blame the teacher - this is a partnership. The teacher does his/her part at school and then there's a part for parents to do at home. For Instance: Check the student's planner/agenda to see what homework has been assigned and then use it as a checklist and require the child to physically present the completed work. (demonstrating responsibility)

2. Encourage the child to do his/her best. An A = exceptional effort. A B=good effort and a C is average. An A grade will only follow A grade work.

3. Require that your child "own" the information being taught. This means that studying and ultimately knowing the information is up to the child and requires that the parent be there to help make this happen. Teachers definitely teach the information - usually in many, many different ways. But if the child is not required to learn it by the parents (study or do homework at home) then they will not learn it.

4. Offer children ways to reach their potential outside of school but keep a tight hold on time management. This means that if your child loves soccer, have them play but be mindful that the child will still have homework to complete so everything has to be scheduled in. (Yes, children are still required to do homework even if they have a game or practice - they are not excused due to outside activities.) Having homework may mean missing a practice or a game or only playing games on the weekends. And be careful of scheduling too much. Be sure you have your priorities set properly. School should most probably take precedence over soccer unless your child is in training to play for World Cup. After all in today's world, most people will find that college is a necessary tool to a successful adult life. So school is important. And in essence, balance is the key. (As it is with most everything.)

5. Discipline your children. Be sure you have clear rules and expectations for behavior with consequences that will definitely result if those expectations are not met. Remeber that you as a parent are in control. You set the rules. Be prepared that occassionally your child will dislike this fact but remember that you love them enough to make them behave.

I had a student who showed potential but never followed through. When I told Mom I asked her if there were any consequences for not doing what he was supposed to do at school because he seemed like it was no big deal. She said that there were not only NO consequences but he was also given everything he ever asked for and did not have to earn it. I, of course, suggested that she have him earn some of these things with his work at school. Instead of being given the $100 sneakers for exisiting, he should have to deserve them. I'm not saying As, just his best work. These parents were setting their son up for failure. Unless you are an heir/heiress you can't just do whatever you want whenever you want and have everyone else like it.

6. Lastly support them in their endeavors, both verbally and with specific actions.

Verbally - I have had students whose parents think that by telling them that they're not reaching their full potential that this will encourage them - spur them on to fix it. In fact, it does not. Instead the child receives the message that he or she can't do it. And that damages them to the point where a teacher is extremely hard pressed to convince the child otherwise. So instead, if things aren't going so well, take a step back and see what the problem is and create a plan to fix it.

Specifically - Many times the problems with grades come back to homework. Kids are trying to do their homework while IMing and listening to their iPod at the same time. This does NOT work. This will not contribute to exceptional effort, owning the information or finishing in a timely manner. This is why children say their homework taks 5 hours. So a possible plan to fix it is that homework gets done at the kitchen table beginning at 7pm. No iPods or IMs. Believe it or not this specific action, although simple, encourages children and helps them know that you take their education seriously and that you care.

So here's a start to help you down the path to success so you can do your part along with the teacher and school to prevent failure.

Answer 6

If you can prove that the child's failure was due to a lack of adequate services by the school (good instruction, administrative support, reteaching using a variety of methods, etc.), then you CAN sue. However, the burden of proof for the failure being the school, and not your child, is up to you.

If the school wanted to refer your child to receive additional supports through special education, and you officially turned it down, you have absolutely NO case because the school did its part to try to help your child.

If your child is in regular education, and has never been looked at for special education, YOU can request that the school do a child study team to evaluate whether to refer your child for testing for services...and you should be invited to be a part of that team.

If your child is receiving special education services, and is still "failing," you may have a case, unless you refused modifications to the IEP plan. When a child is consistently failing in spite of being in a special ed program, then the program is not right for the child and you have a case.

If your child was referred for special education, but did not qualify (usually a kid with an IQ in the 71 - 85 range who is learning within their potential range), is the teacher providing reteaching using a variety of approaches in his/her class? If yes, then your child may just need to repeat the grade level or course to finally learn the material. If no, then you may have a case.

99% of the rules and policies that drive education are because of court cases.

Answer 7

Because in your comparison, businesses have the sole responsibility for providing a service to its consumers that it has promised. Teachers, on the other hand, do the best they can with the hands they're dealt, but the responsibility is not solely on those individuals or even the school institution. The responsibility lies on the parents, the friends, the community, the school, the teachers and ultimately the student. So with that in mind, make sure you include everyone in the lawsuit - including yourself.

Answer 8

There's been a lot of discussion about accountability for schools, and rightly so. I believe it is the goal of our country to improve education overall, and with the still-developing No Child Left Behind law, we are seeing improvements. Also, we are continually learning through research how children learn, and using this information to improve education. I guess my point is, it's a process and we are really making progress.

As to your question, such a law suit would never hold up in court because there are many people responsible for a child's education, and as many reasons that children fail as there are students who face this issue. In addition to teachers and schools, students hold responsibility for their own learning. Those who apply themselves obviously attain greater things. Parents hold responsibility, too; those who provide encouragement and experiences to their children help them accomplish big things. Failure is usually not that any of these people aren't trying or aren't doing a great job. In my experience, children who fail are those who lack background knowledge and skills or who have some special needs that have not yet been met.

If you are a student who is struggling or the parent of a student who is "failing," I strongly encourage you to keep pushing and fighting and exploring until you find what works for you. Every child can learn. We all must work together to find what works for him or her.

Answer 9

you can but it is the parent's job to represent the child and get the school into a binding legal agreement with an IEP or special assistance program of using a tutor or showing you care...then the school has to help. If you do not do this as a parent, the school will just go with the majority...unless you have a teacher who is fresh enough to want to help or care.
My daughter was an A student and then went down hill and thaught she was dumb until the school pushed her into an adult school 3 months before graduation because she was having anxiety attacks and it affected her attendance. . she finished in 2 weeks but now thinks she is dumb and no longer wants to go to Temple to study. I tried to get her in to the tutoring and assistance and they said she was not eligible since she was not in a leaning support program...when her doctor threatened to send me to a lawyer...the school denied it all and said I did not furnish the correct paperwork to keep them informed...talking on the phone is not going to save a parent. unfortunately you need a paper trail. the law gives the school the benefit of the doubt, not the parents.
In california the schools take responsability and use the special programs to allow children to be independent and strong even when they learn differently. I commend this state in a progressive learning plan to get ahead in the world through education...unfortunately states like "Pennsyltucky" are behind in this progress. (I am a PA resident)

Answer 10

Because teachers and school do not FAIL children. Children FAIL themselves. Refusal to do classwork, homework, study or prepare for testing is failure on the students part NOT the teacher or school. Why can't we as teacher's sue parents who do not make sure that their student has studied adequately for a test, completed all outside class assignments, shown up on test day, shown up on time, eaten a well balanced breakfast to start the day, gotten adequate sleep????????????

Answer 11

If you can demonstrate that the school really has failed to try its best to educate the child, then you probably do have grounds for action.
However, just becasue a child doesn't get good grades, that doesn't mean the school didn't do all they could... education requires the enthusiastic particpation of both the student and the parents.