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BuffaloBill716

Junior Member
My city and state are Buffalo New York.
My 8 yr old son was punched in the face and stabbed with a pencil 2 times by a student in his class. The said student has had previous trouble and also was told he assaulted a girl last year and to solve the problem the school kept placing him in different classes and thenot this happened. Should I file a police report and is the school responsible for not providing safety for my son from a troubled youth? If I was to proceed with seeking counsel, which field of law do I inquire? Any help for this stressed out Dad of 3 little boys is much appreciated, thanks.
 


LdiJ

Senior Member
My city and state are Buffalo New York.
My 8 yr old son was punched in the face and stabbed with a pencil 2 times by a student in his class. The said student has had previous trouble and also was told he assaulted a girl last year and to solve the problem the school kept placing him in different classes and thenot this happened. Should I file a police report and is the school responsible for not providing safety for my son from a troubled youth? If I was to proceed with seeking counsel, which field of law do I inquire? Any help for this stressed out Dad of 3 little boys is much appreciated, thanks.
Can you be clearer about "stabbed by a pencil"? Did your child need medical care or any kind of hospitalization? Does he have bruises from being punched in the face?

If your son was significantly injured and required medical care then yes, you should probably call the police and make a report if the school did not do so. If this was more of a typical fight between 8 year olds where no one was actually injured, then a discussion with the other parents might be more in order.
 

CdwJava

Senior Member
Keep in mind that at 8 years old, it is likely that the other child is too young to face any real penalty by the justice system and may not even be able to be criminally charged. However, depending upon the circumstances of the event, it is possible that the school can act against the child by moving him to another class, by suspending him, and maybe even expelling. Maybe. Though, again, the age is going to be an issue. And, no matter what the law or the school does, it is quite possible you will not find out what the ultimate disposition is.

You are certainly free to consult with an attorney who can help you determine if the school has any liability here, but absent a clear threat to other students, I'm guessing there is none. Problem children are often retained in mainstream classes. Indeed, if the child has an IEP or some other status limiting placement or discipline, the law may compel the school to keep him in mainstream classes and may even limit or prohibit punishment for certain acts. While the school's limitations are not binding upon the police, an 8 year old is unlikely to be prosecuted, so there is little chance of punishment coming from that particular quarter.
 

HRZ

Senior Member
Unfortunately our public school systems run close to being sanctuaries for bullies with few options to toss the rotten apples ...and depending on state laws the schools are rather shielded by sovereign immunity .

THe squeaky wheel sometimes get greased ..I suggest you be very aggressive with written complains, copies,and follow up...even to point of speaking out at board meeting public comment time ( be careful of names and words you use .. folks often hide behind privacy rules as to childerens records.
 

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