Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > GOVERNMENT & ADMINISTRATIVE LAW > Education Law

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 06-05-2007, 03:09 AM
Junior Member
 
Join Date: Mar 2007
Location: idaho
Posts: 17

Son possibly charged with Teacher Abuse


What is the name of your state? Idaho statute 18-916

My son was recently at the local elementary school (he is 14, 8th grade) taking an ISAT placement test. He is home schooled and not a regular student there however he did go to this school previously. It was the end of the school day and the bell had rung to let classes out and he was on his way out but stopped at the top of the stairs and had his ipod out. A teacher approached him and said she "was hoping to get an ipod today". He said he didn't attend the school and was on his way out, she then grabbed the ipod out of his hand, he managed to get the ipod back but she and he both had hold of the earpods, he asked her to let go of the headphones, she would not and he said give me my f-ing headphones. She then grabbed his arm and started pushing him away from the stairs (also away from the office and the exit). He freaked out then and twirled away from her grasp and left the campus.

I agree that the best reaction for him to have had was a "yes, ma'am" and let me get his ipod later however I do not believe that the teacher had any right to lay hands on him. I find it particularly ridiculous that she would accost him when the bell had already rung to let school out for the day and he had identified himself as not being a student there. I have already been scouting appeals lawyers in idaho who have dealt with juvenile criminal / education law but am really at a loss of what to do.

I really fear for his future if there is a criminal conviction for him. He has also told me of several other students who have used profanity with teachers and gotten detention or suspension, never criminal charges pressed. This is the first of this type of situation for him.
  #2  
Old 06-05-2007, 05:51 PM
Senior Member
 
Join Date: Dec 2005
Location: Ohio
Posts: 33,613
While at the school he has to follow the school's rules -- that means no ipods. Your son made a mistake. Now what the teacher did -- well we don't know. And truthfully neither do you as you were not there.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #3  
Old 06-05-2007, 05:55 PM
Senior Member
 
Join Date: Jan 2005
Posts: 15,105
Teaching obedience and respect for authority is not in the home-school curricula, I take it?
__________________
"Judges want people to be reasonable. Where one parent won't be reasonable, judges still want the other parent to remain reasonable." (Ford)
  #4  
Old 06-05-2007, 06:03 PM
Senior Member
 
Join Date: Nov 2005
Location: New Vertiform City
Posts: 5,189
Was your son charged with anything?

What were the cisrcumstances of the arrest?

Appeals lawyer?

???
__________________
I've often thought of becoming a golf club.
  #5  
Old 06-05-2007, 07:09 PM
Junior Member
 
Join Date: Mar 2007
Location: idaho
Posts: 17
Of course obedience and respect are part of the curricula (with distinction). He is most often obedient to me however he can also be mouthy. He has consequences when this happens however I do not manhandle him, ever. I hardly think that some stranger in a school who has absolutely no relationship with him has the right to manhandle him. I think it is bizarre that the school is criminalizing what is normal teenage acting out behavior. I am from Dallas and when I went to school they were hoping they could keep the gangs under control and the weapons out of school. This was just not something that would have ever merited this type of severe consequence.

I am a very law abiding person but I wouldn't describe myself as obedient when I do not agree with something. I frequently question authority, and at times I can be less than polite however I rarely use profanity with someone when I am upset. But I must in all honesty say that the f bomb is something that flows quite freely between my husband and myself and our friends. It is just simply another adjective I use, but I, as an adult, have the judgment to know when it is appropriate to speak freely and when it is not. My son is a child and he is still learning, it is a biological fact that his judgment is still developing.

Our society exhibits such a duality, on one hand you watch mtv, hbo the movies and there is virtually no censorship and then on the other some pretend that it never even happens and portray it as obscene. I find it absurd.

He has not been charged with anything at this point but that does not mean that he won't be. The principal has told me directly that he would like to see him prosecuted. A portion of the exchange was on video tape as there are two cameras in the hallway where this occurred. There was a blind spot in the view but you can clearly see him at the top of the stairs, I was only allowed to view a screen shot and the police officer told me that most of the exchange happened in the blind spot and the principal said that it was inconclusive.

I might also share that the principal is very unhappy with me. I withdrew my son earlier this year from school after he was questioned by the vice principal about whether he used drugs, if his parents used drugs and if we watched pornography. I called the vp that day and he didn't even mention these lines of questioning until I asked him directly. I subsequently sent several critical emails to the vp, the principal and the school administrator. To say they are not happy with me is a gross understatement.

Last edited by ducky; 06-05-2007 at 08:17 PM.
  #6  
Old 06-05-2007, 08:27 PM
Member
 
Join Date: Feb 2005
Posts: 585
Quote:
vice principal about whether he used drugs, if his parents used drugs and if we watched pornography. I called the vp that day and he didn't even mention these lines of questioning until I asked him directly. I subsequently sent several critical emails to the vp, the principal and the school administrator.
They sound like a bunch of nosy perverted cupcakes. Keep you boy homeschooled. As the years come and school policies get more outrageous and teachers will find themselves out of there little cushy jobs************** as parents home school more and turn to the INTERNET. The Brick & Mortar tax dollar rip off will not prevail in the future.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 04:49 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.