please help, my 9 year old is being abused by teacher

[krispenstpeter]

Peety, do you thrive on being stupid?

The list was a direct response to mcedronron's following statement:

As far as I am concern, corporal punishment is not allowed in school any where in the US. It was in the past.

Like you, this idiot posts without knowing the first thing about the law, without thinking and without a concept of factual statements.

Now, isn't it time you turned off the computer and got to the bus stop. School will be starting soon.

 

[snostar]

NYS Educational employees are required by law to file a written report of the allegations to the superintendent. When there is a reasonable suspicion to believe that an act of child abuse has occurred it must then be reported to law enforcement. Failure to do this a class A misdemeanor.

As Jet suggested contact a local attorney, or in your case you may want to look for an attorney outside the school district. You can also contact the DA’s office.

The complete code from Chapter 16 NYS Consolidated Laws can be found at:
http://assembly.state.ny.us/leg/?cl=30&a=49

ARTICLE 23-B
CHILD ABUSE IN AN EDUCATIONAL SETTING


S 1125. Definitions. For the purposes of this article the following
terms shall have the following meanings:
1. "Child abuse" shall mean any of the following acts committed in an
educational setting by an employee or volunteer against a child: (a)
intentionally or recklessly inflicting physical injury, serious physical
injury or death.

S 1126. Duties of employees specifically enumerated in this section
upon receipt of an allegation of child abuse in an educational setting.
1. In any case where an oral or written allegation is made to a teacher,
school nurse, school guidance counselor, school psychologist, school
social worker, school administrator, school board member or other school
personnel required to hold a teaching or administrative license or
certificate, that a child has been subjected to child abuse by an
employee or volunteer in an educational setting, such person shall upon
receipt of such allegation:
(a) promptly complete a written report of such allegation including
the full name of the child alleged to be abused; the name of the child`s
parent; the identity of the person making the allegation and their
relationship to the alleged child victim; the name of the employee or
volunteer against whom the allegation was made; and a listing of the
specific allegations of child abuse in an educational setting. Such
written report shall be upon a form as prescribed in section eleven
hundred thirty-two of this article.

3. Any employee or volunteer who reasonably and in good faith makes a
report of allegations of child abuse in an educational setting to a
person and in a manner described in this section shall have immunity
from civil liability which might otherwise result by reason of such
actions.

S 1128. Duties of school administrators and superintendents upon
receipt of a written report alleging child abuse in an educational
setting. Upon receipt of a written report described in paragraph (a) of
subdivision one of section eleven hundred twenty-six of this article
alleging that a child has been abused in an educational setting, a
school administrator or superintendent shall where there is a reasonable
suspicion to believe that an act of child abuse has occurred:
1. Where the subject child has made the allegation: (a) promptly
notify the parent of such child that an allegation of child abuse in an
educational setting has been made regarding such child and promptly
provide the parent with a written statement prepared pursuant to
regulations of the commissioner setting forth parental rights,
responsibilities and procedures under this article; (b) where a school
administrator receives a written report, promptly provide a copy of such
report to the superintendent; and (c) promptly forward such report to
appropriate law enforcement authorities. In no event shall reporting to
law enforcement be delayed by reason of an inability to contact the
superintendent.
2. Where a parent of the child has made the allegation: (a) promptly
provide the parent of such child with a written statement prepared
pursuant to regulations of the commissioner setting forth parental
rights, responsibilities and procedures under this article; (b) where a
school administrator receives a written report, promptly provide a copy
of such report to the superintendent; and (c) promptly forward such
report to appropriate law enforcement authorities. In no event shall
reporting to law enforcement be delayed by reason of an inability to
contact the superintendent.


S 1129. Penalties for failure to comply. 1. Willful failure of an
employee to prepare and submit a written report of an allegation of
child abuse as required by this article shall be a class A misdemeanor.
2. (a) Willful failure of a school administrator or superintendent to
submit a written report of child abuse to an appropriate law enforcement
authority, as required by this article, shall be a class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subdivision, any failure to
submit a written report of child abuse to an appropriate law enforcement
authority as required by this article, shall be punishable by a civil
penalty not to exceed five thousand dollars upon an administrative
determination by the commissioner.

 

[еberha14]

i have calls into the new york state education department, for atleast 2 weeks now, no one returns our calls. when you do call, all you get is an answering machine. i have pulled my daughter out and am homeschooling her. but i believe that it is my daughters right to get an education without abuse. i am a nurse, not a teacher. i try my best, but i know she could be better taught in school, as long as she is not in the abusers class. my hope is that someone will be able to tell me what the next step up is, since us parents are getting no wheres.

Why haven't you and other parents contacted an attorney in your district to at least review all of the facts in this case. It seems as if you would have done that as soon as all of this started. Many attorneys do not even charge for initial consultations.

Consider writing to your state representatives if you're concerned with the issue as well. You are not the only one who finds corporal punishment in school to be outrageous. Numerous studies (in psychology, sociology, criminology, and psychiatry) have found that even mild corporal punishment can have a lasting negative effect psychologically, and ultimately alter one's identity and personality, even lasting through adulthood. In effect, a person who grows up being physically punished routinely for his mistakes may ultimately grow up to have a radically different personality than he would have otherwise. A person who would have otherwise become a charming, outgoing, happy and emotionally healthy person may instead adopt a whole different personality type as the result of bad experiences or unhappiness as a child, whether it be from abuse, ridicule by peers, neglect, or poor physical health. All of these things need to be guarded, and a child's psychological well-being is of utmost importance, not just for that time in his life as a child, but for all other stages of life. Few understand this. Many personality disorders, and even depression, anxiety, stress, and social difficulties often have their roots in childhood experiences and overall happiness as a child or lack thereof. Who one becomes as an adult has its foundations in childhood. The public in general tends to be GROSSLY ignorant of these issues.. Adults in general would feel traumatized, offended, and otherwised permanently damaged if their bosses or whoever were allowed to punish them physically, but they then erroneously conclude that it's "different" or okay for children. Well, it is not; in fact it is much worse. Children just have a tendency to react differently to such situations. Shortly after they occur, they may block them out. It then resurfaces on a sub conscious level and actually creates problem behavior and social disorders. Children do not process and deal with harmful experiences as well as adults; EMDR treatment proves this. The literature on this issue is vast, and psychologists spend a disproportionate amount of their time counseling not only children who are the victims of corporal punishment, but also millions upon millions of adults who were punished physically on a routine basis as children; and such abuse does not necessarily have to be what people would term "excessive", even modest corporal punishment has the potential to do permanent harm. The resulting harm can range from the subtle to the severe.

You could even consult with psychologists and psychiatrists in your area to speak to the school board and the community and start educating people on these things. If you put some effort into it, you could probably easily collect thousands of signatures (and other support) over time from voters at local universities, colleges, professional organizations, etc, where there will apt to be a larger percentage of people opposed to the use of corporal punishment.

 

[krispenstpeter]

Now he's an expert on education law, psychology and psychoanalysis. WOW!

 

[snostar]

Hey Krispet, I didn't think that "assignment" would come in handy so quickly.

 

[JETX]

Yep, 'everidiot' has been proven repeatedly to be legally ignorant, so I guess he has decided to become the Dr. Phil of the forum passing out little 'feel good' suggestions that have little, if any, relevance to the issues at hand.
In fact, there is NOTHING in his post that wasn't already in this thread. Mainly in my first post where I said, "Your next step should be to either put your child in private school, home school or talk with a local attorney or your state educational agency."

 

[krispenstpeter]

Group Hug!!!! :d