What Can I Do if a Teacher Physically Pushed My Child at a California Private School?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
My child was physically pushed by a teacher at a private school.
Attorney Answer
I am sorry this happened to your child. Here is how California law generally treats a situation like this.
A teacher physically pushing a student can be both a school discipline problem and a legal one. Depending on how hard your child was pushed and whether there was an injury, this could support a civil claim against the teacher for assault or battery, and potentially a claim against the school itself for failing to properly supervise or train staff. Private schools are not government agencies, so different notice rules apply than they would for a public school, but private schools are still subject to ordinary California tort law.
Teachers are also mandated reporters. California's Child Abuse and Neglect Reporting Act (Penal Code section 11164 and following) requires school employees to report suspected abuse, and a physical incident like this should be documented by the school regardless of whether anyone formally reports it. Ask the school in writing for its incident report and any internal investigation notes.
What you can do now:
1. Document everything. Write down what your child told you, when, and to whom, along with any visible injury (photos help), and the date and time of the incident. 2. Report it to the school in writing. Ask for a copy of their incident report and their disciplinary policy regarding staff conduct. 3. Consider reporting to local police or child protective services if the push caused injury or seems like part of a pattern, so there is an independent record. 4. Get your child any medical or counseling support they need, and keep those records too. 5. Consult a lawyer who handles injury or education claims to evaluate whether the incident supports a claim against the teacher or the school.
On timing, California generally gives someone two years to file a personal injury claim (Code of Civil Procedure section 335.1), but that clock does not even start running until your child turns 18, since the law pauses filing deadlines for minors (Code of Civil Procedure section 352). That means you have time to be thorough, but documenting things now, while memories are fresh, still makes any future claim stronger.
This is general legal information, not legal advice. A local California attorney who handles injury or education law can review the specifics of what happened and advise on your child's options.
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Frequently Asked Questions
Should I report this to the police or just the school?
Both can be appropriate. Reporting to the school creates an internal record and may trigger their own investigation, while a police or child protective services report creates an independent record, which can matter if you pursue a claim later or if there is a pattern of concern.
Does my child have to wait until they are 18 to file a claim?
No. A parent can pursue a claim on a minor's behalf right away; the extended deadline just means the case is not automatically lost if it takes time to resolve. Acting sooner is usually still better for gathering evidence.
What if the school does nothing after I report it?
Keep a written record of your report and any response, or lack of one. A lack of action can itself be relevant if you later pursue a negligent supervision claim against the school, and a lawyer can advise on next steps.
