Legal options for addressing a disruptive child

[Anonymous]

There is a child in DD's class that is always in trouble, is extremely distracting to the class, has threatened other kids, etc etc.

More than a dozen parents have witnessed bad behavious over the last couple of years. The principal acknowleges the issues, but says there isn't much she ca do about it.

What are our options? A large number of us would like to take further action.

[Anonymous]

Legal action?? Seriously? Dear God.

[Anonymous]

[Anonymous]

If this child has threatened the other kids, you could use that to build a case. But the worst that could happen is suspension for that.

[Anonymous]

Anonymous wrote:There is a child in DD's class that is always in trouble, is extremely distracting to the class, has threatened other kids, etc etc.

More than a dozen parents have witnessed bad behavious over the last couple of years. The principal acknowleges the issues, but says there isn't much she ca do about it.

What are our options? A large number of us would like to take further action.

So this kid has threatened other kids IN SCHOOL and the principal says she cannot do anything about it? He distracts the class but the teacher and the principal do not feel they can discipline him? Really? No offense, but something seems odd about this whole scenario. Are these incidents happening in school? What kind of legal action? Are parents going to call the police on the kid about something that happened in school - but yet the principal says she is helpless? My head hurts!

[Anonymous]

Restraining order? I seem to remember reading that it has been done before...

[Anonymous]

Have you asked the teacher what the kid's parents attitude is? Seems like the first step is to get someone in a position of authority to talk to the parents. The principal may feel he doesn't have recourse, but he can CERTAINLY have a meeting with these parents and lay everything out: the bad behavior, the complaints from other children, and just see what they say. If the parents are indifferent, then you've got a problem. I'd put a LOT of group pressure on the principal to have a meeting like this.

[Anonymous]

There is a pretty old thread on DCUM that describes a family in Mont. Co. who did take legal action against the County for a similar scenario. I recall that the kids were older (tweens?) and articulate enough to be credible in their accounts of assaults. I also seem to recall there was a civil piece (ie, suit against County) and a criminal piece (something about filing a report or several about assaults).

Try to do a search.

[Anonymous]

Before going to far down this road, I'd be sure that there isn't some sort of cognitive disability/impairment that is causing the disruptive child to act out. Sometimes there are issues not readily apparent that would warrant compassion and sympathy.

[Anonymous]

It only took 9 posts to get a person who urges us to turn the other cheek when our child is being threatened.

So, what if the OP can in fact "be sure" that the child in question does have an impairment? Then what?

[Anonymous]

Thank you @11:48
I too was in the same predicament and was constantly at the school as the principal said there was nothing they could do. Regardless of if there is or is not a cognitive disability/impairment, does it make it right for other children to witness this behavior and be subjected to it day in and day out?
If there is a disability or impairment, how long does another child in the classrom have to endure outbursts of offensive language, being spit on, bodily fluids being released and throwing items in the classroom? How long would you allow it to go on if your child was in the classroom?
Eventually the child was removed from the classroom as it was obvious there was a issue that needed to be addressed.
I would not turn the other cheek as I don't see it being a situation that is suitable to anyone, let alone elementary aged children.

[Anonymous]

The teacher cannot discuss another child with you. Period. You'd want it this way if it were some crazy parent coming in complaining about your child. The principal shouldn't discuss another child with you, either. If the concerns are legitimate, take it up outside of school (legitimate=police involvement would be warranted). Otherwise, call the parents yourself. The school cannot legally mediate this situation, and they DEFINITELY cannot remove this child from the class because you don't like how they're behaving.

[Anonymous]

Would it be easier to move your dd to another class?

[Anonymous]

The only children in the class who have a right to a free and appropriate public education are students with disabilities. If the class had a teacher who showed movies or let kids have free time every day all day, a parent could complain but wouldn't be entitled to anything unless their child had an IEP. The student with an IEP could sue and could get compensated if there was proof the student did not make progress. If several parents are upset about the disruptive kid, the parent who will be taken seriously will be the one whose kid has an IEP. That parent could call an IEP meeting and complain their child's progress is being affected by the disruptions.

[Anonymous]

Any parent can claim their child's education is being affected by disruptions. The school will not discuss issues specific to another chilld but should discuss issues specific to yours.