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urpickle

Junior Member
What is the name of your state (only U.S. law)? PA

My son was given 10 days out of school suspension along with forwarding the report onto the local police department for "tossing" a pencil at the teacher while her back was turned. After a test. He was frustrated at not having enough time for the test as his pencil broke while testing was going on. This was a test given verbally by the teacher so he missed parts while sharpening the pencil. My son's IEP states he is to have extended time for testing but the teacher is denying she told him he "should have been more prepared" and refusing him more time. The school has deemed my son as having "assaulted his teacher" and that "by federal law" they had to give him 10 days suspension for the safety of the staff. My other son goes to the same school was punched in the face in the boys locker room by another student and that student was given 5 days out of school suspension. Am I stuck with a punishment I feel is unfair to my child? I have already met with the school and they will not change to a more appropriate punishment. They actually used the terms "Columbine" and "Virginia Tech". What is assault? The teacher wasn't harmed and it wasn't my child's intention to harm her. He just wanted removed from the situation. Where do I turn next?
 


T

thedoctorisin

Member
You get your son in counseling, and both you and the counselor explain to your son that it is never appropriate to throw his pencil at anyone, no matter how frustrated he may be feeling.
 
M

Mass_Shyster

Senior Member
Actually, the suspension should be for battery, not assault. Throwing a pencil qualifies as harmful or offensive contact.

It looks like your school is more interested in protecting their teachers than the students, but there's really nothing you can do about that.

You also had (or have) the opportunity to file a criminal complaint or a civil suit against whoever punched your son in the face.

There are proper steps to be taken when the IEP is not followed. Unfortunately, battery is not one of them. You need to speak up for your son, and make sure that the IEP is followed. If it is not, you need to take proper steps. Don't wait until your son gets too frustrated.
 
C

cyjeff

Senior Member
Stevef said:
Actually, the suspension should be for battery, not assault. Throwing a pencil qualifies as harmful or offensive contact.

It looks like your school is more interested in protecting their teachers than the students, but there's really nothing you can do about that.
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First, we don't know that.

Second, there is usually an added punishment for violence against a school employee than another student... roughly akin to added punishment for violence against a police officer.

The rationale would be that if a student would assault/batter a teacher, principal or other employee, they would be a greater danger to the other students.

You also had (or have) the opportunity to file a criminal complaint or a civil suit against whoever punched your son in the face.
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Still does.

There are proper steps to be taken when the IEP is not followed. Unfortunately, battery is not one of them. You need to speak up for your son, and make sure that the IEP is followed. If it is not, you need to take proper steps. Don't wait until your son gets too frustrated.
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Agreed.

OP, I am getting the feeling that you believe that the larger issue here is the time allocated for the test than the assault.

That would be incorrect.
 
C

cyjeff

Senior Member
Stevef said:
Stepped in it again, didn't I?

You are right, we don't know that.
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I wasn't trying to be snarky... and you are probably correct.

I also have the feeling that the OP is intentionally downplaying Sonny's attack.

I remember my older brother throwing a piece of chalk back at the nun in 1972.

He was suspended for three day. My dad took time off from work so they could "bond".

I think he hid under the house.
 
M

Mass_Shyster

Senior Member
cyjeff said:
I wasn't trying to be snarky... and you are probably correct.
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I didn't take it as snarky. I believe I took it as intended, that we don't know that, although it may be a good guess.

I was thinking about a conversation I had recently, the topic of which was "Can you assault someone without their knowledge?", and carried along some facts that were not stated in this case.
 
C

cyjeff

Senior Member
Stevef said:
I didn't take it as snarky. I believe I took it as intended, that we don't know that, although it may be a good guess.

I was thinking about a conversation I had recently, the topic of which was "Can you assault someone without their knowledge?", and carried along some facts that were not stated in this case.
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Cool.

Just wanted to make sure you knew we were on the same side.
 
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You Are Guilty

Senior Member
Not to be a ballbreaker, but if the chalk hit the teacher, it's battery. If he threw it and missed, that's assault. It's the difference between actual contact and the fear of impending contact that differentiates the two.

I had a friend who, many moons ago back in junior high, beaned a substitute teacher in the forehead with an avocado pit that was being used in a science lab. A clear battery. But since the NY penal code doesn't distinguish between the two, he was booked on assault charges.

And no, this wasn't me (nor was it the worst thing this kid did in school, either).
:D
 
M

Mass_Shyster

Senior Member
You Are Guilty said:
Not to be a ballbreaker, but if the chalk hit the teacher, it's battery. If he threw it and missed, that's assault. It's the difference between actual contact and the fear of impending contact that differentiates the two.
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That's the point I was making, but, as cyjeff pointed out, we don't know if the pencil hit the teacher or not. We're making an assumption.

The other question is "Is it assault if the pencil missed and the teacher's back was turned, so could not have a fear of impending contact?".
 
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