Some instances of abuse or neglect in charter schools qualify for legal action in California. It is vital to work with a qualified school misconduct attorney to pursue a lawsuit, as these situations are legally complex. An experienced charter school abuse lawyer can make the process less stressful by protecting the rights of victims of abuse and offering representation that removes children from upsetting legal proceedings. 

When Can You Sue the School for Abuse or Neglect? 

Many worry that charter schools may be exempt from the regulations that protect children in other institutions. However, just as it is possible to sue other schools for abuse, it is possible to pursue charter network abuse claims through a charter school abuse lawyer. Importantly, not every instance of abuse or neglect opens the possibility for a lawsuit.  

A successful case must prove the institution’s culpability in the alleged abuse through one or more of these factors: 

• The school was aware of (or responsible for knowing about) the abuse and did nothing to intervene. This would be considered negligence.
• The school failed to prevent the abuse from happening through reasonable protective measures.
• The school failed to report the abuse through the correct channels after discovering it.

Other incriminating factors include any attempt by the school to cover up the abuse or neglect.  

It is essential to consider the statute of limitations for childhood sexual abuse in California. As of the Assembly Bill 452, any of these cases filed after January 1, 2024, face no statute of limitations except that: 

• Those filing for abuse that occurred before that date must file before they turn 40.
• Filing after the age of 40 is possible if it is done within five years of discovering a psychological injury or illness resulting from the abuse.

How an Educational Institution Abuse Lawyer Can Help 

Students harmed by institutional abuse should seek legal counsel with the help of their parents or legal guardians. A charter or private school abuse lawyer with extensive experience in similar cases is best equipped to assist victims and their families. The first step an attorney can help with before filing a lawsuit is to make a written claim with the school district, which they can either accept or reject. 

From there, if the school district rejects the claim, a charter school abuse lawyer can assist the victims in filing a civil lawsuit. They will help with everything from gathering and presenting the appropriate evidence to representing the victim in court if a hearing is necessary.  

Abuse litigation against school staff can be complicated and overwhelming, so finding a trusted lawyer to make the process as straightforward as possible is essential. Those preparing for litigation should find a knowledgeable child abuse lawyer with experience handling similar cases. Working with someone who is extensively familiar with civil and criminal child abuse cases is critical to preserving one’s rights and seeking justice for these incidents. 

When speaking to potential lawyers, it is also important to look for someone compassionate and empathetic, particularly in cases where young children will speak to the legal team.  

Consult The Cifarelli Law Firm 

Those affected by abuse or neglect in a charter school setting can rely on The Cifarelli Law Firm. We assist victims and their families with navigating California’s legal system to prove institutional abuse and seek the appropriate damages. From filing a claim with the school district to representing the victim in court, our skilled legal professionals are there to make this overwhelming journey a little easier to navigate. 

Call (949) 502-8600 to schedule a consultation with a charter school abuse lawyer today.