Viola, I hope your daughter is feeling better this afternoon. I would urge caution regarding a potential lawsuit. It can be a very expensive drawn-out process, with no absolute guarantee of victory. You say in your post that your daughter reported the incident to two staff people yesterday. Wait a couple of days and give them a chance to respond. Keep in mind that the legal action you are contemplating would essentially be an effort to get her IEP (a document which you or her father agreed to) rewritten. There are several questions which I think you should consider before you begin the official process. Has she had a full time aide in the past? Does she have a medical history or condition which makes falling ESPECIALLY DANGEROUS for her(hydrocephalus, soft spot in skull, etc.)? Have any of the doctors currently overseeing her care suggested that she needs constant monitoring to prevent falls? If the answer to these questions is yes, get the relevant documentation and ask the school to revise her IEP. If it is no, you may have a harder time getting what you want. Another aspect of the issue to consider is your daughter's feelings. Wait a few days, until the acute pain and trauma are over, and then ask her if she feels she needs full time assistance. She may not feel that it is necessary and unless there are pressing medical reasons to insist, it might be better to seek out less invasive solutions (such as assistance only in the lunchroom) An aide may be necessary and may be able to prevent the majority of your daughter's falls but remember, it is not a solution completely without potential negative consequences. In her response to your post, Joy mentions the embarrassment your daughter feels when she falls in front of her classmates. I encourage you to consider the consequences to her peer relationships, if she goes through the school year with a constant adult chaperone. (An aide would, after all, have to be always at her side, if the aide's job is to prevent falls.) Just some issues to think about as you decide what to do next. Hope it helps! Susan