Suing Parents for their child's violent behavior?

Anonymous
Anonymous wrote:The issue is that placing a child in a special ed classroom without the parents consent for an IEP is very, very difficult and time consuming.

OP's school admin is to blame here. They are hoping the problem will just solve itself.


They put mine in one without my consent. I had to fight to get him out as he didn't belong there.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Teacher, Calm down. You are upset at the wrong people. The problem is your school's administration. There are a lot of things they can do beyond the IEP process. You need to put a note into writing to your principal and cc the special needs office for your district. Explain the situation and tell them you need additional staffing to help with this issue and you need a consultation from a behavioral specialist who can help you with strategies to manage the child's behavior.

You should also look at what YOU are doing to trigger the behaviors if anything. I am not saying you are doing something wrong but you might be inadvertently upsetting the child.

Lastly, try to have some empathy. Your post comes off sounding kind of crazy. What kind of teacher would sue parents?


No. The teacher, like everyone else, deserves a safe work environment. If this child is injuring others, whether they are teachers or other kids, he needs to be put in a more appropriate environment, probably a self-contained class.


Your ignorance and prejudice is showing.
You don't know what is going on with that child. If the parents are not willing to start the IEP process it could mean the parents are in denial and possibly in the wrong, or that they know something you don't know about how the teacher is dealing with their child that and that they don't trust her or the school.

I have been a teacher for many years and there are always two sides to the story. I have no reason to believe OP has created this situation but I have seen teachers who have.


You are wrong and it's too bad you are a teacher. I am the parent of a special needs child, have observed all kinds of "behaviors", and it sounds like a self-contained classroom is absolutely appropriate for this violent child - that plus an in-depth evaluation by a psychologist, that the school can provide for free if the parents can be persuaded to accept. The concept of "least restrictive environment" in the general ed. classroom only applies to children with very light behavioral issues or none at all.

Understand that we are not disparaging the child, but his actions, which may or may not be within his control.


You do not know what you are talking about. That "in-depth" (no it's not) "free" evaluation is part of the IEP evaluation process. Your ideas about lest restrictive environment is wrong.
Anonymous
Anonymous wrote:Can't you get him expelled?


+1.

For the benefit of OP and ALL students.

Get him out.
Anonymous
If you sue a parent, do you think your current school would want to keep you? Do you think any other school would really hire you? If I found out you sued a parent, regardless of the reason, there is no way I'd want my child in your classroom.
Anonymous
If you were kicked and bruised today you need to go see a doctor tomorrow and tell the doctor how much pain you are in. You need to document including taking pictures of bruises. Nothing will happen if you return to work like nothing happened. It is amazing that teaching is one of the few professions where you can be beat up by a student and nothing can happen. If the same behavior happened in a store, office, or park the police would immediately come.
Anonymous
Anonymous wrote:
Anonymous wrote:OP here, thank you to everyone responding. I cannot go into specifics but I have a paraeducator in my room and the behavior is the same and worse if the paraeducator has lunch or out sick or has professional development. I have been documenting since September. It's very difficult for a school system to force parents hands for IEP services. A school cannot evaluate without parents permission and to go around parents the school needs weeks of interventions , tried best educational strategies and parent outreach. I am not in my first year of teaching, I am a veteran. Teaching and educational laws have changed drastically for the worse since we were children.

The other dilemma that I am currently facing is that I am in my evaluation year. My admin has tried to support me but their hands are tied by educational laws, etc. I'm struggling with wanting to go to the union but I also don't want to piss off my admin because then I'd be dealing with a dangerous student and an admin who would potentially give less support.
I figure if I sue then I could get the courts to force the parents into getting their kid evaluated by outside sources which would then help the student and the school district. I am happy to set court case precedents if necessary. I really don't want to go on leave the rest of the year because the rest of my students are a joy. Why should their education suffer because of one student?


You don't want to talk to your union rep because you don't want to piss off the school administration but you think everything will be fine with your administration when you sue the parents of a student? You're either really clueless or a troll OP.


Not approaching the union rep doesn't make sense if you're at the point of talking about suing the parents (lawyers are very expensive.)
Anonymous
Is the child hurting classmates? How are those parents handling it? Are they suing the school? Document everything. You deserve a safe working environment regardless of the childs issues. Especially if you are not a trained special ed teacher.
Anonymous
You really need to go to union rep but you should also be getting the injuries looked at by doc - if just to get prescription for scar cream so you don't scar. These parents are doing their child no favors but that is less of a concern than your safety as well as the other children in the class. You need to escalate the protections that are in-place and demand support
Anonymous
Anonymous wrote:If you sue a parent, do you think your current school would want to keep you? Do you think any other school would really hire you? If I found out you sued a parent, regardless of the reason, there is no way I'd want my child in your classroom.


How would you know? Parent grapevine? I know nothing about my child’s teachers that they haven’t told us themselves.
Anonymous
Anonymous wrote:Talk to your union rep.

Have you talked to the principal? This may not be an appropriate placement but may be an aide (who is actually trained) can be added to the classroom.

Remember the goal is to help this poor kid get the help he needs.

Sorry you got hurt.


This poor kid?? What about 25 other kids who're unlucky to be in the same classroom as this 'poor kid'?? they are there to get an education, not to survive someone else's daily tantrums!

The "poor kid" should be sent to special ed, pronto!
Anonymous
Don’t you have a fellow teacher or union rep to ask?
Anonymous
Anonymous wrote:Your school administration needs to provide a backup staff member if there's a correlation between the aide being out.


Teacher here. This should be easy to fix and it should happen even if there is a correlation between one single incident and the aide being out. Otherwise your administration should be the target of our lawsuit. Is there a behavior plan in place? There needs to be parent consent for a formal IEP evaluation. There does not need to be parental consent for a specialist to come observe the classroom to give you tips about how to manage the problem so you can head off a crisis.

If you've already head a few EMT meetings you should have another one and keep calling them until there is a plan in place and keep in mind the answer isn't always to get rid of the child. Many children with massive behaviors do very well once the IEP is in place and they are getting the help they need.


Anonymous
Anonymous wrote:Op here, I am a public school teacher. I teach in an elementary school and am strongly considering suing a student's parents because of his extreme behavior. Example:He kicked me violently today and left my leg iwth blue and black marks. He scratched my arm and I will not have a permanent scar. The state of MD to my knowledge does not have educational neglect laws like the state of NY. His parents have refused to want to allow the school to get him evaluated for an IEP. I am documenting on my end to no avail. There are so many student protection laws but none for teachers/admin or students who are at risk of being harmed by a student who should not be with the general population. I am literally fearful to be in the classroom. His behavior has now escalated to hitting and throwing chairs or items at other students. Does anyone know an organization that might help me?

Getting an IEP is not a fast-tracked process, it takes about 5 months of data collection before anything really gets rolling, which means by the time a student gets an IEP the school year is over. I am tired of being abused by the children of neglectful parents.

Thank you.


Please do.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Teacher, Calm down. You are upset at the wrong people. The problem is your school's administration. There are a lot of things they can do beyond the IEP process. You need to put a note into writing to your principal and cc the special needs office for your district. Explain the situation and tell them you need additional staffing to help with this issue and you need a consultation from a behavioral specialist who can help you with strategies to manage the child's behavior.

You should also look at what YOU are doing to trigger the behaviors if anything. I am not saying you are doing something wrong but you might be inadvertently upsetting the child.

Lastly, try to have some empathy. Your post comes off sounding kind of crazy. What kind of teacher would sue parents?


No. The teacher, like everyone else, deserves a safe work environment. If this child is injuring others, whether they are teachers or other kids, he needs to be put in a more appropriate environment, probably a self-contained class.


Your ignorance and prejudice is showing.
You don't know what is going on with that child. If the parents are not willing to start the IEP process it could mean the parents are in denial and possibly in the wrong, or that they know something you don't know about how the teacher is dealing with their child that and that they don't trust her or the school.

I have been a teacher for many years and there are always two sides to the story. I have no reason to believe OP has created this situation but I have seen teachers who have.


You are wrong and it's too bad you are a teacher. I am the parent of a special needs child, have observed all kinds of "behaviors", and it sounds like a self-contained classroom is absolutely appropriate for this violent child - that plus an in-depth evaluation by a psychologist, that the school can provide for free if the parents can be persuaded to accept. The concept of "least restrictive environment" in the general ed. classroom only applies to children with very light behavioral issues or none at all.

Understand that we are not disparaging the child, but his actions, which may or may not be within his control.


You do not know what you are talking about. That "in-depth" (no it's not) "free" evaluation is part of the IEP evaluation process. Your ideas about lest restrictive environment is wrong.


+1 That PP doesn't know what she's talking about when it comes to the IEP process and LRE.
Anonymous
Anonymous wrote:
Anonymous wrote:Talk to your union rep.

Have you talked to the principal? This may not be an appropriate placement but may be an aide (who is actually trained) can be added to the classroom.

Remember the goal is to help this poor kid get the help he needs.

Sorry you got hurt.


This poor kid?? What about 25 other kids who're unlucky to be in the same classroom as this 'poor kid'?? they are there to get an education, not to survive someone else's daily tantrums!

The "poor kid" should be sent to special ed, pronto!


+1.

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