Every chapter of this guide tells you to document the violation. This chapter tells you how. Families who preserve evidence from the beginning will have better results. When you send a Notice of Violation letter, retain a copy for your files. If the incident involves social media, email, text messages, or any digital communication, screenshot it immediately. Do not wait. Social media posts are deleted. Text messages are erased. Emails are purged.
Be Careful What You Post on Social Media
Anything you post on social media may be seen by the school district’s attorneys. You don’t want to say anything that could be taken out of context and used against your case. If you have posted about the incident, do not delete those posts during the pendency of your complaint, as that could be considered illegal failure to preserve evidence. Talk to your attorney — those communications are privileged. Talk to your spouse or partner. But do not broadcast your case on social media. The school district’s lawyers are watching.
Your Child’s School Records
Under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, you have the right to inspect and review your child’s education records. This includes disciplinary records, attendance records, grades, teacher evaluations, and any notes or reports related to incidents involving your child. Request a complete copy of your child’s file. If the school has documented the incident — or if it has documented disciplinary action against your child in response to the incident — you need to know what is in that file.
If you discover that the school has placed inaccurate or misleading information in your child’s file — for example, a disciplinary notation that blames your child for an incident in which your child was the victim — you have the right under FERPA to request an amendment. If the school refuses to amend the record, you have the right to place a statement in the file explaining your objection. Your attorney can advise you on whether to pursue an amendment or to address the inaccuracy through litigation.
A Checklist for Preserving Evidence
As soon as an incident occurs, take the following steps: 1. Write down everything you remember about what happened — who, what, when, where, and who witnessed it — while your memory is fresh. Do this the same day. 2. Screenshot all relevant social media posts, text messages, and emails. Save them in a labeled folder. 3. Photograph any physical evidence — torn clothing, damaged property, injuries, antisemitic graffiti.
4. Request in writing that the school preserve all surveillance footage from the relevant date and location.
5. Request public records from the school district under your state’s public records act, as explained in Type 6 of this guide.
6. Consult an attorney before contacting the school. Your attorney can help you send a Notice of Violation letter. 7. If you have already contacted the school, gather and preserve copies of every communication you have sent and received. 8. Keep all evidence in a secure location — a dedicated folder on your computer and a backup on a cloud drive. 9. Start the incident log described below.
Keep a Log of All Incidents
An incident log is the backbone of your case. It is the document your attorney will use to identify the strongest claims, establish a pattern of conduct, and demonstrate that the school had notice and failed to act. Without a log, you are relying on memory — and memory fades, conflates events, and loses detail. With a log, you have a contemporaneous written record that can be used in a demand letter, in discovery, in a deposition, and at trial. Start the log the day of the first incident. Update it every time something happens. Keep it in a secure location and share it only with your attorney. Do not share it with the school, with community organizations, or on social media. Your log is a litigation tool, and its contents should remain privileged to the extent possible.
Below is an example of a completed log entry. Use this format for every incident. —————————————————————————————— Entry #: 3
Date and Time: October 15, 2025, approximately 11:30 a.m. Location: Room 204, Woodside High School (Mr. [Teacher Name]’s fourth-period history class) What Happened: During a class discussion about the Israeli-Palestinian conflict, Mr. [Teacher Name] displayed a slide that described Israel as a “settler-colonial state” and asked students to discuss “why colonialism is wrong.” My son raised his hand and said that his family has a connection to Israel through their Jewish faith. Mr. [Teacher Name] responded: “That’s a Zionist talking point, not history.” Several students laughed. Mr. [Teacher Name] did not correct them or redirect the discussion. My son did not speak again for the rest of the class. Who Was Involved: Mr. [Teacher Name], history teacher. Approximately 28 students were in the class. Reported To: I emailed Principal [Name] on October 15, 2025, at 4:12 p.m. I described the incident and asked for a meeting. I have a copy of the email. School’s Response: As of October 25, 2025, I have received no response from the principal or anyone at the school. Evidence Preserved: Copy of my email to the principal (saved in “Evidence” folder). My son wrote down what he remembered on October 15 (saved in “Evidence” folder). I requested the teacher’s slides and curriculum materials by email on October 16 — no response received. Impact on My Child: My son said he felt “humiliated” and “singled out.” He told me he does not want to go to history class anymore. He has started eating lunch alone because he does not want to sit with students who laughed at him. He asked me if he could stop wearing his Star of David necklace to school. —————————————————————————————— Your incident log establishes the timeline courts need to evaluate deliberate indifference, documents a pattern of conduct, preserves the exact details you will not remember months later, and makes you a more credible witness than a parent reconstructing events from memory. If your child is old enough, involve them in the process. Ask your child to write down what happened in their own words as soon as they get home. A child’s contemporaneous account — even if the handwriting is messy and the grammar is imperfect — is compelling evidence.