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.
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.