Originally Posted by Schmeck
I was giving examples of situations that could evolve from a 'flailing fit', and that getting deliberately kicked was one of them. Also, once a child is on the floor, throwing a fit, all learning has stopped in that room, so the other students need to be removed so their learning can continue, somehow, somewhere. One needs to remember that there is more than one child in the classroom. Some people tend to forget that quite quickly.
My daughter was placed in a class that had a significant number of children with behavioral issues. She was not one of them. She learned nothing that year, (except some cool new swear words,) and spent a lot of time being evacuated from her classroom.
Did the OP state that the child had no ability to understand intent? If this 11 year old child has no ability to understand cause and reaction, then a more restrictive environment needs to be found immediately. The other kids need to be kept safe. The other kids do not need to worry about being hurt, stabbed with a compass point or a pair of scissors, ducking flying chairs (which has happened to students in our district, until I put my foot down and refused to let it continue - by filing assault charges). They also have a right to FAPE.
All this can be fixed without the hyperbole of an overreaction. No need for a lawyer, a court case, or a news story. Just some common sense on both sides, parents and school system, to find the appropriate, safe placement.
and having worked in ESE at the elementary level, I agree with you here. No parent of a child in that room wants their child to be in harms way. I have seen all sides of this. The first thing to do when it gets to this point is to evac others from the room (and sadly there is no learning going on). While he may only be on the floor at this time, I have seen them get up off the floor and fling desks, chairs and computers. Were they arrested, no never and they should not be either, but they do not need to be in a room where there is no other violence going on. There are others in the room that need to be protected as well. Your post sums it up perfect.
on a side note, I am happy to see charges were dropped.