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NCMomof5

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

Last evening, near bedtime me 10 year old son (who has been diagnosed as PDD-NOS (he has high functioning autism) started telling me about how strong a teacher was at a school, that could lift a big kid up. He then showed me a large reddish bruise on the inner part of his arm and told me that his teacher had done it. I asked him exactly what happened and he told me that he didn't want to go to social studies, and that this teacher yelled at him and picked him up by the arms and pushed him into the wall. This is a male teacher, and he is actually the teacher for the resource room at the school, and in that room, he works with children that have IEP's all day. My son does have an IEP.

I have had a few other issues with the school. The school does still allow corporal punishment. I had to sign forms for my 4 children that attend so that they would not be spanked. Apparently this is still legal in NC. There have been a few other incidents that were upsetting to me, and I have tried addressing them with the school and I feel like my concerns have been minimized by them. For instance, last year a cafeteria monitor told the whole cafeteria that if they did not behave, she would paddle them like she had paddled my 10 year old that morning. Now, my son was not paddled, but obviously it was completely inappropriate for her to publicly humiliate him in that way. She did admit to saying it when I confronted her, and apologized. My son has also been moved to a special education bus. This bus gets to my house at 6:30 AM because it has to pick up kids from all over. School does not start until 8. We live 2 miles from the school. The reason he has to ride this bus (and he has not been as I have rearranged my schedule in order to drive him. He does still have to ride it home, and it's a similar long ride in the evening) is that kids were picking on him on the regular bus, and I was complaining. It was easier for them to move him, then to deal with the bullying that was happening. I feel like this punished him somewhat, and he told me that he wishes he wouldn't have told anyone that the kids were bothering him. :(

So last night, I was obviously upset, and I called the police. I realize I could have contacted the school first this morning, but I feel like they have brushed me off in the past when I have had concerns, and I wanted to be sure that this was treated as a serious incident. When telling the Police the story, my son also told them that when he showed the teacher the mark, the teacher told him it would go away in a minute. This man knew that he had injured my son, and no one contacted me. I feel like if this were an incident where force was neccessary to protect my child, then I should have been notified. No one called me, and there was no communication sent home in his backpack.

My main question here is, what can I expect from the school? I would love to be able to move, but unfortunately, it just isn't a possibility. I own my home, and as many people are right now, I am upside down so far in the loan that I couldn't sell without taking a huge loss. I am a student, and my husband is currently recieving unemployment after being laid off from a factory that closed here. Things are very tight. What I would like to happen at a minimum, after the teacher is dealt with, is for my son to be allowed to attend a different school in the district. I also feel that they should offer bussing. I don't feel safe with him at this school anymore. What are my rights here, and what are my son's rights?
 


Perky

Senior Member
What is the name of your state (only U.S. law)? North Carolina

Last evening, near bedtime me 10 year old son (who has been diagnosed as PDD-NOS (he has high functioning autism) started telling me about how strong a teacher was at a school, that could lift a big kid up. He then showed me a large reddish bruise on the inner part of his arm and told me that his teacher had done it. I asked him exactly what happened and he told me that he didn't want to go to social studies, and that this teacher yelled at him and picked him up by the arms and pushed him into the wall. This is a male teacher, and he is actually the teacher for the resource room at the school, and in that room, he works with children that have IEP's all day. My son does have an IEP.

I have had a few other issues with the school. The school does still allow corporal punishment. I had to sign forms for my 4 children that attend so that they would not be spanked. Apparently this is still legal in NC. There have been a few other incidents that were upsetting to me, and I have tried addressing them with the school and I feel like my concerns have been minimized by them. For instance, last year a cafeteria monitor told the whole cafeteria that if they did not behave, she would paddle them like she had paddled my 10 year old that morning. Now, my son was not paddled, but obviously it was completely inappropriate for her to publicly humiliate him in that way. She did admit to saying it when I confronted her, and apologized. My son has also been moved to a special education bus. This bus gets to my house at 6:30 AM because it has to pick up kids from all over. School does not start until 8. We live 2 miles from the school. The reason he has to ride this bus (and he has not been as I have rearranged my schedule in order to drive him. He does still have to ride it home, and it's a similar long ride in the evening) is that kids were picking on him on the regular bus, and I was complaining. It was easier for them to move him, then to deal with the bullying that was happening. I feel like this punished him somewhat, and he told me that he wishes he wouldn't have told anyone that the kids were bothering him. :(

So last night, I was obviously upset, and I called the police. I realize I could have contacted the school first this morning, but I feel like they have brushed me off in the past when I have had concerns, and I wanted to be sure that this was treated as a serious incident. When telling the Police the story, my son also told them that when he showed the teacher the mark, the teacher told him it would go away in a minute. This man knew that he had injured my son, and no one contacted me. I feel like if this were an incident where force was neccessary to protect my child, then I should have been notified. No one called me, and there was no communication sent home in his backpack.

My main question here is, what can I expect from the school? I would love to be able to move, but unfortunately, it just isn't a possibility. I own my home, and as many people are right now, I am upside down so far in the loan that I couldn't sell without taking a huge loss. I am a student, and my husband is currently recieving unemployment after being laid off from a factory that closed here. Things are very tight. What I would like to happen at a minimum, after the teacher is dealt with, is for my son to be allowed to attend a different school in the district. I also feel that they should offer bussing. I don't feel safe with him at this school anymore. What are my rights here, and what are my son's rights?
The school SHOULD take this seriously and investigate. If the teacher left a mark in the way your son describes, then they should discipline him. Whether they will is impossible to say. Take pictures of the bruise.

What did the police say?

You can request a change in schools. There's no guarantee that your request will be honored.

As far as the bus, it seems from your post that the school does provide busing. Did I misread?
 

NCMomof5

Member
Sorry, that was unclear. They do provide buses. The bus my son rides now actually goes to two other schools within the district to drop off other special education students. When I asked them about a transfer after the incident in the cafeteria, I was told that if they were able to transfer him, I would be on my own for transportation, which seems silly since the bus he is all ready riding goes to the other schools anyways.

The school does not seem to be doing a good job with my son. He never brings anything home, I get absolutely no communication from them. Right now he has his signed progress reports from a month ago in his backpack that no one in any of his classes has bothered to remove. He does have a one on one aid. I have been very frustrated with them because they wait until my son is very behind on his work before notifying me. They keep asking me for solutions to get him to work. I have made some suggestions based on what has worked in the past. One of the things I have asked for is a communication page in his folder to let me know about his day and any possible problems. They have not done this. I have also asked that any work he hasn't completed during the day be sent home. My son has brought one paper home from school to work on, he finished it, and it is still in his backpack. Last year they accused me of never making him do homework and not sending his papers back. I opened his backpack and showed them all of the paperwork that had built up in it. They also told me it was MY fault he wasn't working at school because I would not let them discipline him (they want me to sign off on them spanking, and I will not) He spends most of his days wandering the halls with his aide. He isn't getting any education there at all. :(
 

stealth2

Under the Radar Member
I am curious why you expect them to remove his work/signed sheets from his backpack instead of holding him accountable for doing/not doing so. 10 is certainly old enough for this. And - if it IS a problem, why are you not checking his backpack daily?
 

Confused Mom1

Junior Member
You can have the solutions you suggested written into his IEP. Also, it would be a very good idea to talk to a Special Education Attorney. I resorted to that recently and it was the best $500 I ever spent! Good Luck!
 

NCMomof5

Member
As I said before, he is autistic. If they reminded him to get his papers out, he would. I do remind him daily before I drop him off, and I have called the school to ask why things are not being removed. There have been times that important communications were missed from me to them because they haven't looked in his backpack, and he has not remembered to turn them in. If it were my 11 year old son, who is a neurotypical child, I would agree that the responsibility is fully on him for forgetting. I do check his backpack daily, and have had to call a few times when things got backed up. It seems like it would be very simple for his aid to remind him when he gets there to check his bag. He has some sensory issues and I think that at school he kind of tends to get "overloaded" and it isn't a comfortable environment for him so it is easy for him to forget.

It is in his IEP that they are to send a behavior log and any uncompleted work home daily. They are not complying with this. I have contacted the school on many occasions and they always suggest holding another meeting, where I go, make suggestions, and they don't follow through on anything. There have been many attempts on my part to get this problem dealt with and I'm just not sure what else I can do on my end, outside of pinning anything important to his shirt.

I did hear back from the superintendent's office (I had put a call in this morning) and felt completely brushed off. They got quite defensive and said that it was probable that my son was making things up and misrepresenting what happened. In the meantime, this teacher is still there, and I am in a position of feeling like I can't send my son to school because he spends a significant amount of time in this man's class. The issue with the paperwork is not a huge deal compared to the injury my child sustained, it was just I suppose an explanation for why I went straight to the police.

Is it typical for a teacher to be allowed to continue teaching while they investigate? As of right now, the police haven't even been to the school to speak to him. :( This is a small town and I am an "outsider" and I feel like this is going to be ignored because everyone knows each other around here.

This is a picture of his arm. It is not a huge injury, but in my opinion shows the teacher used unnecessary force.

http://img716.imageshack.us/img716/1156/img9938y.jpg
 

NCMomof5

Member
Also wanted to add that the picture was taken about 12 hours after the injury, and now it has been about 36 hours and the mark has not faded. It is not broken skin, or a scrape, it is a speckled bruise. This teacher called the house this morning to ask why my son was not there this morning (odd because he has never called me before, any of the other times my son was out sick) and when I told him that it was because he recieved a bruise at school and I was concerned, he got very defensive. He did not deny leaving the mark, and stated that he must have done it when he grabbed my son's arm to take him to his classroom.
 

Humusluvr

Senior Member
As I said before, he is autistic. If they reminded him to get his papers out, he would. I do remind him daily before I drop him off, and I have called the school to ask why things are not being removed. There have been times that important communications were missed from me to them because they haven't looked in his backpack, and he has not remembered to turn them in. If it were my 11 year old son, who is a neurotypical child, I would agree that the responsibility is fully on him for forgetting. I do check his backpack daily, and have had to call a few times when things got backed up. It seems like it would be very simple for his aid to remind him when he gets there to check his bag. He has some sensory issues and I think that at school he kind of tends to get "overloaded" and it isn't a comfortable environment for him so it is easy for him to forget.

It is in his IEP that they are to send a behavior log and any uncompleted work home daily. They are not complying with this. I have contacted the school on many occasions and they always suggest holding another meeting, where I go, make suggestions, and they don't follow through on anything. There have been many attempts on my part to get this problem dealt with and I'm just not sure what else I can do on my end, outside of pinning anything important to his shirt.

I did hear back from the superintendent's office (I had put a call in this morning) and felt completely brushed off. They got quite defensive and said that it was probable that my son was making things up and misrepresenting what happened. In the meantime, this teacher is still there, and I am in a position of feeling like I can't send my son to school because he spends a significant amount of time in this man's class. The issue with the paperwork is not a huge deal compared to the injury my child sustained, it was just I suppose an explanation for why I went straight to the police.

Is it typical for a teacher to be allowed to continue teaching while they investigate? As of right now, the police haven't even been to the school to speak to him. :( This is a small town and I am an "outsider" and I feel like this is going to be ignored because everyone knows each other around here.

This is a picture of his arm. It is not a huge injury, but in my opinion shows the teacher used unnecessary force.

http://img716.imageshack.us/img716/1156/img9938y.jpg
If you feel your child is in imminent danger - start REALLY making a fuss. It's time to get down to business.

Show up at the superintendents office tomorrow at 8 am, and tell them that the teacher has injured your child, and you have filed a police report, and that you DEMAND the teacher be removed during an investigation. If they say the supe isn't there, demand that you be seen by lunch by him or an attorney, or you will be calling the state, and demanding the revocation of ALL their teaching/principal/superintendent certificates. Don't cause a violent scene, but demand to be taken seriously. If your child is in danger, make THAT the central issue, not "You guys don't check his backpack." This situation is beyond that.

If you don't do this, then you are saying to them that it is just fine for them to continue looking after your son, and the situation isn't as grave as you painted here.

The bruise "proves" very little. Another kid in the hall could have caused that.

You either have a safety issue that you get taken care of, or you wait for the ARD and ask that the IEP be followed. This is either serious or it's petty. You decide.
 

stealth2

Under the Radar Member
I have to be honest... if that is ALL the bruising that there is, I would suspect this:

that this teacher yelled at him and picked him up by the arms and pushed him into the wall.
Did not happen quite as you were told by your son. But I can understand your wanting to get to the bottom of it.
 

NCMomof5

Member
Well we are still at a standstill here. I have contacted the Board of Education, and spoken with the superintendent. They are basically refusing to discuss the incident with me at all saying they feel like the teacher was acting to protect my child from causing a danger to himself. They will not specify further. He seems very fearful of going back to school with this teacher, and I feel like it wouldn't be right for me to drag him to school shaking and crying. They refuse to discuss a possible transfer within the district and have told me that I am his mom and I need to make him go to school.

My son't story has not changed except to say that maybe he wasn't lifted off the floor but that he was very afraid, the teacher was yelling, and that he grabbed him by both arms. I sort of feel like no matter what happened exactly, there was too much force used. My son still has a mark on his arm and this is nearly a week later. I'm not sure what else to do here. They are threatening me that they will contact social services if he continues missing school, but how can I send him if I don't feel like the school is a safe place?
 

davidmcbeth3

Senior Member
have you seen a doctor? You could file a restraining order on the teacher...easily done at the courthouse. You could also attend the class too.
 

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