Legal Question in Education Law in Florida

My son's school has been harassing me and my wife by calling child protective services once a week for the past couple months. No case has been opened but they are warning us that if the school keeps calling they will remove the children!

The reason I'm considering this harassment is because of some of the reasons child protection has been called.

1. My child told his teacher he was still hungry after eating only a poptart for breakfast.

2. He smells bad (legitimate, sure. Except he was bathed every night before bed. He is now bathed every morning directly before going to school).

3. A bug was found in his backpack (which was thrown away, no replacement offered).

4. His feet smell.

Can I sue the school or at least get whoever at the school who is harassing our family in trouble? There has been multiple home studies done at this point and they haven't found a reason but because they keep calling they are threatening to remove my children based only on the number of phone calls!

Asked on 3/03/16, 5:49 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

No, based on the facts you have described, I do not believe that you can sue the school.

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Answered on 3/06/16, 7:47 am

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