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ADVICE NEEDED! Legal Actions for Abuse In Classroom

Posted By Shannon Colon On In Advice,Facebook,Readers Tips | 5 Comments

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Question:

Legal advice needed I have a 6 year old son who has special needs. He is in kindergarten, his teacher was under investigation for hitting my child in the head who has hydrocephalus [1] and a shunt. The school let her come back to work, his aid texted me to let me know.  I took my son out of that school and he got put into another one in the same district. Two aides quit when they let the aide that hit my son come back. Now I get a letter from the state saying because my son had no marks and can’t talk they cannot do anything about it. They took her word over three of their other employees, and over the safety of the kids in the class. My son and another child have changed schools but there are still other kids in her care. My state is Missouri what legal actions do I need to take or can I take?

https://www.parentingspecialneeds.org/article/restraints-school/

Answers:

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  • Jennifer M: I am an advocate who lives in Missouri. Send me a PM. I would be happy to help you figure out your options.
  • Angie D: This just breaks my heart!!! I would suggest asking employees who notified you to put what happened in a letter, get an attorney…personal injury….and sue the hell out of the school and the school district. Have that teacher stripped of her license!! The fact that your son is non verbal is more reason they should be listening to you and the aids, not dismissing this!

  • Michele D: www.moadvocacy.org They are MO legal advocates for special education and children with disabilities. I would contact them immediately.

    Missouri Protection & Advocacy Services
    MO P&A is a federally mandated system in the state of Missouri which provides protection of the rights of…
    MOADVOCACY.ORG
  • Lynn W: I had issues at my sons school in Missouri. I would walk in the front door and it was like the parting of the Red Sea people would just scatter when they saw me coming because they knew I was gonna raise hell. They weren’t violent but the teacher was a blatant liar and the entire sped department was a mess. I contacted Missouri protection & advocacy and got an advocate. She dictated a letter over the phone that I typed and sent to the principle, vice principal, head of sped dept. and at the bottom I wrote: cc: advocates name- Missouri protection & advocacy. I was asking for my son to move to a different school or out of the district. The school then brought in a whole team of ppl to decide the best option for my son. Within 2 weeks My son was pulled from the district and sent to a private school for kids with autism where he has been now since third grade. The school district pays for him to go there and they pay to transport him on the school bus because they could not educate him in any of their schools. Win win for us!! FIGHT every battle until you win! If you get the state involved it scares the school because they have to follow the law and they can get in a lot of trouble if they don’t.
  • Bertha C: I would put it on the news about it and let the public know. This will make them think twice on how they treat kids with special needs. I would make a big issue if that happen to my grandson
  • Layla Q:  Get your child out of that classroom. Change teachers, change schools if ou have to, but get out. That person has no business in education, much less special education. If I were you, I would find a special needs attorney in your state.
  • Shaz H:My son is 8 last year one of his teaching assistants hit him which was seen by another member of staff I tried to press charges but because my son has autism global development delay epilepsy and is non verbal they wouldn’t press charges even with another member of staff statement she will never go back to my sons school but has started work with other children it’s disgusting they should have cameras in the class room they meant to look after our children not abuse them x
  • Sharon N: you should have made a police report, and then sued the school for failure to protect your child and others. you can also sue the teacher for trauma to you an your family.
    Leanna Kathleen Boyle Why are so many school employees abusing handicapped kids? I saw a report on my local news about a bus monitor slapping a student.
  • Nona W: Go to the district attornetsys office and see if criminal charges can be filed. Go to the next board of ed meeting and publicly complain about her. Have someone video it and upload it to you tube. Direct anyone who wil listen to the you tube video. Also make a stink about it at the next PTA meeting. Public humiliation and the threat of criminal charges usually bring things to a conclusion. If for some reason the DA and police cant help go to the FBI. Because your child is handicapped he is protected by special civil rights policies. Thats federal govt snd the FBI can help.
  • Missy S:You can go to the police you can file chages agains the teacher and give the names of the employees who witnessed it. I would also get and advocate. I would contact the media and get them involved because the media will force action because they do not want the public involved. If they did not take action I would get a group together and I would picket accross the street from the school not one school grounds but in an area that is seen right by the school so the publice see. I would hold a sign a teacher in this school hit my child in the head, Myson has special needs that includes Hydocephalus and a shunt that goes into his head. Other employees reported the abuse and because My son can not talk the school continues to allow the teacher to continue to teach and work in this school.
  • Kim K: This sort of thing happens to often and everywhere. In Georgia a mom was suspicious of bruises on her nonverbal son. She sewed a small recording device into his shirt collar. It recorded two teachers abusing him and laughing about it. The parents sued. I really don’t remember what the consequences were for the teachers but the school system had to pay for the child’s education in private schools until age 21.
  • Lynn W:When you said the “state” said… What division were you working with? Contact Missouri protection and advocacy, If you haven’t yet. They are the state organization that assigns an advocate to make sure special needs kids are protected and getting all their needs met in the school.
  • Kaylee W: There r 3 members of staff all reported her 2 have quit because of it, they both r will to testify for our kids both students r nonverbal my son has mcap and the other boy had down syndrome
  • Tina L: Please know that not all school staff is like this person.
  • Shannon M: All special needs class rooms need cameras, I have two special needs grandsons with autism … Both non-verbal . I worry about what is really happening to them at school everyday !
  • Kaylee W:No not from Kansas city from Joplin schools
  • Lynn A: You need to contact a lawyer….let the lawyer take care of it….you sue her and the Distrct… you also get notified letters from the aides and another staff members that saw the incident…let the lawyer find out if she did this before.
  • Rebecca H: I am shocked at the number of people commenting with similar problems in Missouri!
    I work in Illinois and am concerned about the financial problems here. I have worked in SpEd 15 years and have never seen anyone hit or mistreat a student!
  • MJ M: I’m sorry for this. Something simlar happened to my son at school all the aides knew but they weren’t willing to help me. The school didn’t do anything. All I could do was pull him out of school. But now he is doing very well at another school.

     

    ADVICE NEEDED on Legal Advice for Special Mom shared from Facebook post #psnmoo947

 

 

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