Suing Parents for their child's violent behavior?
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Anonymous
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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. |
Anonymous
| Can't you get him expelled? |
Anonymous
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I'm so sorry you're going through this, OP. What is the administration saying? Are the parents putting pressure on the school, too? Everyone has to complain. Perhaps either a parent or yourself can contact the principal's supervisor. I believe such cases can be fast-tracked, given the right pressure. In MCPS, I knew a violent child who was finally counselled out of a Silver Spring elementary school, after a couple of years of parents complaining - I never heard the teacher side of the story. The parents in that case also initially refused services and accommodations. I volunteer at an elementary that welcomes special needs students from surrounding schools. I have never seen a student get violent with a teacher, but I regularly see and hear a couple of children screaming. I'm sure that must be exhausting for the aides. Good luck. |
Anonymous
| You cannot sue the family. However, it sounds like you have a good case against the school system for not providing adequate support for the child. I would take it to the principal and then take it up. That is not acceptable. |
Anonymous
| OP, you have every right to sue under parental liability laws, check what your state says about the laws. Maybe if public school teachers starting bringing parents to court they would take responsibility for their children. In any case, pressure the admin and see if you can get parents on your side. Invite them in to volunteer in your classroom so they can complain. Talk to your union if there is a strong union and if that does not work then take it even further. There are educational laws but I am unsure of how far you can take it. |
Anonymous
This. The problem is not the kid; the problem is that your workplace doesn't have enough protections in place for you. Talk to your union ASAP; they also may be able to help. |
Anonymous
| Been there, OP. What resolved the situation is that I ended up out on leave from my injuries and PTSD and the school system changed his placement so I could return to work. |
Anonymous
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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. |
Anonymous
| You probably don't have a cause of action against the parents because ultimately it's the school, not the parents, failing to provide the proper support during the school day (whereas the parents are required to this kid to school unless they're going to homeschool). |
Anonymous
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The school can in fact force the parents to go through the IEP process. The school can also suspend/expell the student, and the school could on its own do a behavioral analysis and provide additional support to you in managing meltdowns. Also, it's very likely the school completely mishandled the parents. The parents may be angry and uncooperative, but that's actually not unusual, and there are good ways to deal with parents like that.
The one thing I can guarantee you that is not going to work quickly or easily is a lawsuit against the parents. If you want something to change quickly, you need to quit or go through your union to get some kind of transfer. |
Anonymous
| It's typically a lot easier to expel or suspend a child for this type of behavior when they do not have an IEP. I can't imagine how spineless your admin must be to allow this to continue. Teachers and students are not safe and that is not acceptable. |
Anonymous
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OP, there are worker protection laws. Your employer has a legal responsibility to provide a safe and healthful workplace free from recognized hazards. Your employer isn't doing that. Report your injuries and unsafe working conditions to the principal (ideally with the help of your union rep). Your employer is prohibited by law from retaliating against you for raising a safety/health concern.
More information here: https://www.dllr.state.md.us/labor/mosh/workerpage.shtml about filing a complaint with Maryland OSHA. But start with your principal. |
Anonymous
| Why isn't he in the ED program? |
Anonymous
| An IEP isn’t going to stop him from physically harming you. |
Anonymous
I'm not a teacher or lawyer, but this would have been my guess too. I mean, either the kid has a disability or he's just a violent little sh!t. And if it's the parents insisting that it's the latter and not the former, of course discipline should be in order. My guess is that they'd get him an IEP pretty fast if the school started discipling him properly. And then you would have much better support. How things have changed, hey.... not expelled or even suspended for hurting a teacher?! Wow. |