Suing Parents for their child's violent behavior?

[Anonymous]

Hi OP, I have started a thread a while ago about how I, as a parent, can help the teacher to handle a disruptive student. There was no violence agains the teacher but she is on leave until after Christmas I believe. The school gave the child a better aide and the teacher is working on getting some more supports but I am not sure how much she will get. The thing is, the teacher is prone to anxiety it seems and the student can be contained (she just is not equipped to deal
With him it seems). I am not saying it is your case... just wanted to thank you for not abandoning the other kids. Ours are abandoned and the school denied my child a transfer (he is doing better than many in class so I have no arguments).

[Anonymous]

Nothing about your post makes sense. From another veteran teacher, if this child is that violent other children in the class are affected physically or emotionally and other parents know and complain. Most veteran teachers would go to their admin for help with discipline and then a union rep if they were not getting anywhere. It sounds like you work somewhere with a union. You say you are a veteran teacher but still worried about it being your evaluation year? This is extra paperwork but not stressful for experienced teachers.

As you know, an IEP would not be a magic cure. Are you hoping for a change of placement? This would take years to happen if it was what the child needed since he would be newly identified.

I suggested transferring schools. You do not sound supported and you are burnt out and physically hurt.

[Anonymous]

Anonymous wrote:Nothing about your post makes sense. From another veteran teacher, if this child is that violent other children in the class are affected physically or emotionally and other parents know and complain. Most veteran teachers would go to their admin for help with discipline and then a union rep if they were not getting anywhere. It sounds like you work somewhere with a union. You say you are a veteran teacher but still worried about it being your evaluation year? This is extra paperwork but not stressful for experienced teachers.

As you know, an IEP would not be a magic cure. Are you hoping for a change of placement? This would take years to happen if it was what the child needed since he would be newly identified.

I suggested transferring schools. You do not sound supported and you are burnt out and physically hurt.

Great advice for long term but it’s not like OP can transfer schools now. I am the PP who has gone to the union and I understand OP’s hesitation to do so given it’s her evaluation year. Principals can be vindictive. It’s nice that you seem to not have had that experience but it happens.

[Anonymous]

Anonymous wrote:Nothing about your post makes sense. From another veteran teacher, if this child is that violent other children in the class are affected physically or emotionally and other parents know and complain. Most veteran teachers would go to their admin for help with discipline and then a union rep if they were not getting anywhere. It sounds like you work somewhere with a union. You say you are a veteran teacher but still worried about it being your evaluation year? This is extra paperwork but not stressful for experienced teachers.

As you know, an IEP would not be a magic cure. Are you hoping for a change of placement? This would take years to happen if it was what the child needed since he would be newly identified.

I suggested transferring schools. You do not sound supported and you are burnt out and physically hurt.

This exactly. I think OP is trolling. No teacher I know would jump straight to suing the parents without exploring the above options.

[Anonymous]

Wondering about trolling here, too. No response to questions about how this student has been handled in previous years, or if he is new to the school this year. And if she calls the CPI team when there is an issue. And if she calls the parents when there is an issue...which, having been there, is how this is done.

[Anonymous]

Anonymous wrote:

Great advice for long term but it’s not like OP can transfer schools now. I am the PP who has gone to the union and I understand OP’s hesitation to do so given it’s her evaluation year. Principals can be vindictive. It’s nice that you seem to not have had that experience but it happens.

OP is afraid to go to the union for fear of retaliation, but is not afraid to sue the parents? I don't understand that.

[Anonymous]

I don't think people understand the precarious situation of public school teachers. There are many protections for students against teachers but non for students from their parents. I have been in a situation similar to OP. It is hell on wheels to get a student an IEP when the parents refuse. It literally takes alot of incidents documentation and parent complaints. There's also what's called exclusionary factors ---that the IEP team has to consider before they can get a student accommodations. I wish more teachers would speak up and I support OP. I don't think there are cases in which teachers or the school system sues the parents for their child's bad behavior or refusing to put services in place for their child. I think parents don't want a court case to set precedent because then they would feel they could be legally held responsible for their spawn (when they should be held accountable). It is the union responsibility and the job of the school to provide a safe working space for OP, but it seems to me that OP is not just asking for a safe workspace ----she's asking why aren't there laws to protect the 95% of public school children whose parents and whose children come to school to learn without disruptions?

How do you force parents to be involved and to support their child when you have clear documentation they may need mental health service? Short of suing there is nothing else school systems can do.

[Anonymous]

I don't understand. Our school has a students rights and responsibilities that each student signs. If a student disobeys those rules there are consequences. Has any of this been reported? Why has there been no consequences for this child?

[Anonymous]

what age?

[Anonymous]

Op here, the student kicked another student in the back during a special. I refused to allow the student in my classroom after the special. The student has been suspended, in in talks with admin and union to see what are my options for a safe working environment and safe learning space for my students. As I mentioned before it's my evaluation year. I'm going to do everything I can on my end to document and follow up. The student in question is new to our school and school district. The student's records indicate that the student was a problem at their last two schools but left without an IEP in place. The student's family moves around a lot. But am still wondering if there is legal precedent for a teacher or school district to take a family to court for educational neglect.

[Anonymous]

OP, I thought of you today. There is a child in the grade below the one I teach who sounds similar to the child in your room. He was kicked out of his private school and is now in the public school where I teach. Every day, the social worker and several other staff members are chasing him around the building while he tries to run away, tries to injure others or otherwise just acts out. All I can do is hope he either goes to cross cat or gets outplaced next year. If not, I guess it will mean a completely lost year for my students next year. And lots of stress for me. I have a lot of sick days built up and will use them if I have to.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Nothing about your post makes sense. From another veteran teacher, if this child is that violent other children in the class are affected physically or emotionally and other parents know and complain. Most veteran teachers would go to their admin for help with discipline and then a union rep if they were not getting anywhere. It sounds like you work somewhere with a union. You say you are a veteran teacher but still worried about it being your evaluation year? This is extra paperwork but not stressful for experienced teachers.

As you know, an IEP would not be a magic cure. Are you hoping for a change of placement? This would take years to happen if it was what the child needed since he would be newly identified.

I suggested transferring schools. You do not sound supported and you are burnt out and physically hurt.

This exactly. I think OP is trolling. No teacher I know would jump straight to suing the parents without exploring the above options.

+1 There's a lot that doesn't sound right about OP's post or OP herself.

[Anonymous]

OP, with the disclaimer that this is not legal advice, I will offer that you typically will have a better case if you exhaust administrative remedies first. So, if your school has a mediation process between teachers and parents, use that. You should also consult an attorney about whether it’s better to sue to the district or the parents or both. But you probably should use administrative processes within the school system as a first step because this sounds more like an issue of a condition of employment than a civil case against the parents (at first blush).

[Anonymous]

OP, did you ever go to a doctor to document the injury?

[Anonymous]

I don't think suing is the best option. Go back to your admin and emphasize the danger not just to you but to the other students. This is more likely to get traction, in my opinion. If the admin sees the child as a threat to other students and thus the threat of many irate parents, then more is going to happen. Since the child already injured another student, this should be easy to argue as an issue.

Keep documenting and keep talking with admin. Bring it up frequently and brainstorm options with supportive staff at your school. See if you can work together on this, but you need to keep pushing it because they won't do it on their own, since they aren't the ones dealing with it daily.

If you can, I suggest also keeping an open line of communication with the parents. If you can emphasize to them the danger to yourself and the other students and keep mentioning it, it might gain some traction. Good luck!