School had my 11 yr old special needs son arrested

[HARVEYSGIRL]

I got a phone call last Wed. telling me that my son was at the Juvenile detention facility. The elementary school had had him arrested for kicking his teacher. He suffers from epilepsy, mental retardation, and has a severe speech problem. He was having a fit in the floor and the teacher was trying to get him up. He kicked her in the chin. She pressed charges against him. Then the principal pressed charges, saying he hit her. So my mentally handicapped son has two FELONY charges of assaulting a public official against him. They told me I would be hearing from the district attorney! What really irks me is the fact that the school let my son sit in jail for 3 hours before they even called to tell me there was an issue. How can this be legal? I am no where close to finished with this. I emailed the news stations! He was the top story on FOX San Antonio last night. The special ed system is so broken. I just wanted you all to know that this could happen to your family! People need to be aware!

[Tpiejg]

I'm so sorry to hear about what happened to your son. If you ask me it's not just Special Ed. that is messed up but the whole education system. Where has common sense gone? Hope everything turns out ok. Best of luck.

[DOREEN1779]

I just went to Fox and saw the clip. The way the school handled the situation from start to finish was horrible! I hope it all works out for you and your son!

[Luv Bunnies]

Wow! I also watched the clip and can't believe they had your son arrested. I work in a special needs classroom. Last spring, on a daily basis, I was hit, kicked, spit at, scratched, had my hair pulled, and once had a hard, metal object thrown at my face. I ended up with a bruise on my cheek, and my gum tissue was bruised. One time, the student threw a pair of scissors at me, causing a large nick on the back of my hand. These injuries were all caused by an emotionally disturbed 5-year old girl. Our staff was trained in safe restraint procedures, and we physically restrained her almost everyday. All the while, the district was trying to come up with behavior management strategies. When these failed, they began searching for an alternate placement for the child.

At no time did any of us consider filing charges, or even leaving our jobs. When you sign up to work in certain special ed. classes, there's always the possibility of being injured. If the employee doesn't like it, they can ask to be reassigned, or reconsider their career choice. To me, it's like working in a daycare and being surprised that you have to change diapers. It goes with the territory! I just heard that we might be getting another child with "volatile behavior" next week. Our staff just looked at each other and said, "Here we go again!" We'll be ready to try to help the student with his behavior and skills. However, we will not be filing charges against him!

Please keep us updated on this case. I will be interested to see how it turns out.

[Tony NY]

wow Im at a lost of word when i read this post and seeing your news clip.. omg my hart goes out to you.. I'll pray that every thing works out for your son and all the charges be droped.

[kirstenb1]

I'm so sorry, and will pray for everyone involved, especially your child and your family.

[Michigan]

Wow simply wow! Good luck in you fight for your son's justice. I hope heads roll.

[LockShockBarrel]

I don't disagree that there needed to be consequences for your kids actions but an arrest and charges filed? That's f-ing ridiculous. I have to agree with a PP, what the hell did this teacher think they were getting themselves into? Coloring time with the special kids? I mean...ugh..omg.. how did this teacher get through any type of training and not come to think this might happen at some point? A special needs kid isn't going to understand a "scared straight" type of punishment.

[dontthrowsand]

I have never even considered pressing charges against any student let alone anything outside of our discipline plans we create with parents at the start of the year without consulting a parent first and I have had some horrible this happen. Most things are worked out with a bit of mediation and corrective action plan.

[bookwormde]

Clear sign of a school that has no capacity or compitency in providing FAPE for you child. In addition to a criminal attorney, find a top SPED attorney and contact the federal department of justice office of civil rights and file a complaint.

http://www2.ed.gov/about/offices/lis...aints-how.html

[C&G'sMama]

WTH?
My favorite was the interview with who I believe was the principal. These are the people that are educating our kids. I know there are a lot of great teachers out there but when you get the attitudes of adminstrators like this it's no wonder home schooling is on the rise. (We HS one of ours)

[kamik86]

Wow... maybe some of the teachers can answer this but an 11 year old is what 6th grade? I remember in high school a student punched a teacher and she got out of school suspension for a while but I don't even think she got arrested... and I don't think she was a special needs student (or if she was it she wasn't severely special needs anyway)

So now would most schools even file charges had an 11 year old without any special needs got upset and kicked a teacher?

[chicagodisneyfan]

I support the school district in this case. He had previously hit someone and was sent home. So then he does it again?

What is a teacher supposed to do? He is 11 now - but as he ages he could do significant damage!

Teachers sacrifice a lot in their profession and they should not tolerate abuse by any student.

[becpee]

Originally Posted by HARVEYSGIRL

He was having a fit in the floor and the teacher was trying to get him up. He kicked her in the chin. She pressed charges against him. Then the principal pressed charges, saying he hit her. So my mentally handicapped son has two FELONY charges of assaulting a public official against him.

I would think the teacher trying to get him up while/very soon after fitting would not be right? Shouldn't they first be moving him into the recovery position?
Did they follow procedure? Do they have a procedure?
This just screamed at me as completely wrong from the getgo.

[bookwormde]

The principal obviosly has no effective training in special education. Did he call an IEP meeting and have the behvior plan upgraded after the first incendent, did he make sure his teachers were properly trained in when and how to apprach a child who is melting down or seizing, obviosly not or the second incedent would not have happened. No he just thought punishing a child for a manefestaion fo thier disability was the proper path. As a parnet I view this as abuse.

I think it is clear who is at fault.

Here is a quote from the newest federal resource document and the lionk to the full document

"Physical restraint or seclusion should not be used except in situations where the child’s behavior poses
imminent danger of serious physical harm to self or others and restraint and seclusion should be avoided to the greatest extent possible without endangering the safety of students and staff."

http://www2.ed.gov/policy/seclusion/...-resources.pdf