Teacher ridicules student in front of class

[NanatoType1]

What is the name of your state (only U.S. law)? Arkansas

Where do you start with a complaint when a teacher ridicules a 10-year old boy with Type 1 diabetes in front of the entire class by saying "Put your purse down." He was carrying a lunch box that contains his glucometer, glucose tabs, and an emergency glucagon kit.

[quincy]

You start by speaking with the teacher about what could very well have been an innocent (although stupid) remark. The teacher may have been unaware of the contents of the lunch box.

If the teacher knew what was in the lunch box, then you speak with the principal of the school about the matter. The principal will speak with the teacher.

From what you have posted, this does not sound like a matter for the courts. It does not rise to the level of a civil rights violation or discrimination.

[GaAtty]

First you try to have a civil conference with the teacher and explain why he carries it and that she should not call attention to it again because it embarrasses him, and it is illegal. (Of course, if she didn't know that before she said it, that makes a lot of difference.) If you are past the civil conference stage, then you should inform the school IN WRITING that he has the disability and request that the school start steps for him to have either an IEP (Individualized Education Plan) or a Section 504 Plan under the Rehabilitiation Act. Either one will result in a meeting at which you and his teachers will be present (if the school does it correctly). The purpose of both of these plans is to provide accommodations for his disability, and the plan will be in writing and each teacher should have a copy. His disability is obviously the diabetes. Under the Rehabilitation Act of 1974, Section 504, an entity receiving federal funding cannot discriminate against an individual with a disability (I assume that your child goes to a public school). The Section 504 plan should include things such as that the teachers will not call attention to his medical things. Perhaps it could include a particular place that he could leave them. The IEP could include the same things. An IEP team is a group created under the Individuals with Disabilities Education Act. The team includes various individuals, including the parent. An IEP can be for any student in grades up through high school graduation. With you present, the IEP team should develop ways to prevent this situation from happening in the future. A meeting of either the IEP team or 504 Student Support Team (SST Team) should be held every year so that the new teachers will know his needs. A SST 504 is simpler, and will be adequate for him, if the school prefers to do that. However, if the school wants to do an IEP, that will be OK for him, also. He will need a current written physician's diagnosis, preferably one that includes a statement of how often he needs to test, etc.

Of course this is a civil rights violation, but it is far too small to take any action on. Discrimination based on disability is a violation of this child's rights under the Americans with Disabilities Act (ADA); the Rehabilitation Act, Section 504; the Individuals With Disabilties Education Act (IDEA); and it is an equal protection violation of the 14th Amendment to the Constitution of the United States. Most states also have an equal protection provision for citizens in their state constitution.

[Proserpina]

Originally Posted by GaAtty

First you try to have a civil conference with the teacher and explain why he carries it and that she should not call attention to it again because it embarrasses him, and it is illegal. (Of course, if she didn't know that before she said it, that makes a lot of difference.) If you are past the civil conference stage, then you should inform the school IN WRITING that he has the disability and request that the school start steps for him to have either an IEP (Individualized Education Plan) or a Section 504 Plan under the Rehabilitiation Act. Either one will result in a meeting at which you and his teachers will be present (if the school does it correctly). The purpose of both of these plans is to provide accommodations for his disability, and the plan will be in writing and each teacher should have a copy. His disability is obviously the diabetes. Under the Rehabilitation Act of 1974, Section 504, an entity receiving federal funding cannot discriminate against an individual with a disability (I assume that your child goes to a public school). The Section 504 plan should include things such as that the teachers will not call attention to his medical things. Perhaps it could include a particular place that he could leave them. The IEP could include the same things. An IEP team is a group created under the Individuals with Disabilities Education Act. The team includes various individuals, including the parent. An IEP can be for any student in grades up through high school graduation. With you present, the IEP team should develop ways to prevent this situation from happening in the future. A meeting of either the IEP team or 504 Student Support Team (SST Team) should be held every year so that the new teachers will know his needs. A SST 504 is simpler, and will be adequate for him, if the school prefers to do that. However, if the school wants to do an IEP, that will be OK for him, also. He will need a current written physician's diagnosis, preferably one that includes a statement of how often he needs to test, etc.

Of course this is a civil rights violation, but it is far too small to take any action on. Discrimination based on disability is a violation of this child's rights under the Americans with Disabilities Act (ADA); the Rehabilitation Act, Section 504; the Individuals With Disabilties Education Act (IDEA); and it is an equal protection violation of the 14th Amendment to the Constitution of the United States. Most states also have an equal protection provision for citizens in their state constitution.

How exactly is the child being discriminated against?

[tlookn4work]

Thank you for your quick responses.

Please be advised that the teacher has known this child, his illness, and his medical requirements for at least the past two years. He has been in the same school since his diagnosis in January 2005. There is an updated 504 plan in effect and he has been using the lunch box since the first day of school (August 19). It is nothing new to her. I understand we all have bad days, but there is no excuse for any teacher to make fun of any child for any reason.

[Proserpina]

Originally Posted by tlookn4work

Thank you for your quick responses.

Please be advised that the teacher has known this child, his illness, and his medical requirements for at least the past two years. He has been in the same school since his diagnosis in January 2005. There is an updated 504 plan in effect and he has been using the lunch box since the first day of school (August 19). It is nothing new to her. I understand we all have bad days, but there is no excuse for any teacher to make fun of any child for any reason.

Why are you using a different account?

[NanatoType1]

My apologies.

My daughter and her boyfriend also have a situation under way and they were using my computer before I got home.

[Antigone*of*Greece]

Originally Posted by tlookn4work

Thank you for your quick responses.

Please be advised that the teacher has known this child, his illness, and his medical requirements for at least the past two years. He has been in the same school since his diagnosis in January 2005. There is an updated 504 plan in effect and he has been using the lunch box since the first day of school (August 19). It is nothing new to her. I understand we all have bad days, but there is no excuse for any teacher to make fun of any child for any reason.

I want to know why you are jumping to legal remedies so quickly. I would think that you should first start with the teacher and then the principal if you are not satisfied with the results. Then if that doesn't work the district.

I really think that if you have not exhausted these avenues, you are putting the cart before the horse.

[GaAtty]

Just have a meeting with the principal or asst. principal and teacher and call it a 504 meeting. A 504 meeting can be as few as as two people and can be very short and quick.

[Proserpina]

Originally Posted by GaAtty

Just have a meeting with the principal or asst. principal and teacher and call it a 504 meeting. A 504 meeting can be as few as as two people and can be very short and quick.

How is the child being discriminated against?