Q: Seeking legal action against Tupelo School District for bullying and lack of response.
I want to take legal action against my son's schools and the Tupelo School District. My son has been verbally bullied by a girl since 6th grade at Milam Elementary, and now in 7th grade at Tupelo Middle School, the bullying continues. Despite defending himself, he faces trouble when altercations escalate. The school has not informed me of these disruptions, and after my first appeal to the school district, no new evidence was allowed, and my son was placed in an alternative school with no nurse available to administer his bi-weekly stomach injections for his breathing condition. He is missing crucial DCA and state testing, which deprives him of a proper education. The school district has not responded to my bullying reports. What legal steps can I take?
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A:
I’m really sorry your son has gone through this—it must feel devastating to see him punished for defending himself and left without the medical support he needs.
Under Mississippi law, you’ll first want to send a formal “notice of claim” to the Tupelo School District (usually within 90 days of the incident), outlining the facts and requesting damages for negligence and emotional harm. You can also file a complaint with the U.S. Department of Education’s Office for Civil Rights, arguing that denying his bi‑weekly injections and proper education violated Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.
At the same time, you could request an IDEA due‑process hearing if your son has (or should have) an IEP, since missing state tests and being moved without support could amount to a failure to provide a Free Appropriate Public Education. If these administrative routes don’t resolve the issue, you can then pursue a civil lawsuit against the district for discrimination, denial of medical care, and negligence.
Keep detailed records of every report, appeal, and medical need, and consider meeting with a local attorney who handles school‑related claims to make sure you satisfy all deadlines and procedural requirements. Acting quickly is key to preserving your son’s rights and helping him get back on track.
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