Hello:
It is possible, if she was damaged. There are very quick notice requirements for a government entity (6 months).
However, even prior to that (as litigation can be cost prohibitive), the most important issue is to ensure this never happens again. She should be evaluated for an accommodations plan right away. There are certain prerequisites to qualifying, but I would suspect she would qualify.
You should consult with an education attorney as soon as possible, as often the schools ignore parents until they get an attorney involved.
Best of luck.
Michelle Ball
California Education Attorney for Students since 1995, serving families statewide.
http://www.edlaw4students.com
