I know that this case touches a lot of people personally. The way I see it is that there are a lot of possibilities for how this situation can be handled to make things better. I am not convinced suing is the right solution. It seems like a civil liberty person said to mommy, you should sue, you've been wronged. I strongly strongly disagree with that. Everyone has been wronged at some point in life. Being a sue happy people does not make our country any better.
With that said, I need to know the intent for the lawsuit. It sounds like a civil lawsuit, not a criminal suit if she is suing vs. pressing charges. Civil lawsuits have a lower burden of proof (instead of beyond reasonable doubt I believe it is something along the lines of more than likely or over 50% - but I'm no lawyer). With that said, the case would likely be for punative damages and would hurt the school system and the teacher and provide monitary gain to the mom. I can't stand suing for monitary gain everytime someone is wronged.
I believe that solutions should be determined based on the end goal, not a "now that I'm in a position to do such and such". My frustration with the case is that what I have read did not say that the mom wants to use this situation to work with the school board, teachers, autism groups etc to find solutions. If she truly wanted to make a difference for all of the children with autism (or even hers) I think all of the options should be looked at before deciding to sue. She could work with autism groups, do community fundraisers for all of the autism related challenges. She could work with the school on teaching them and showing them where to find the resources. I am guessing this mom has done a heck of a lot more to learn about autism and to learn how to handle her son than any of the school staff have. I am sure she has researched, met with specialists etc. She probably knows a lot more about the problem than the school. Perhaps there is a problem in that school system with how to treat children while they are being tested, but before they are diagnosed.
For those of you who have given me a hard time for not reading everything, I have. But I am going to look at all sides of a story before I rush to a decision. I supported the mom with filing a complaint when this happened. I also read the report where the teacher says her side of the story and how she was trying to teach the boy through the children. I get that that won't work, but this teacher said the child heard everything from adults and was trying a different method to get through to the kid. There are two sides to the story. If that method and other methods tried by the teacher haven't worked, the seemingly obvious solution is to work with the teacher on a program that will work. Now that the child is diagnosed, perhaps the child can be in the classroom for the parts of the day or classes where he does well and go to another area better for him for part of the day. Some of the parents of autistic children on this thread stated they do similar things. I think that is a great solution and it is focused on what is best for the kid.
Still this mother does have an opportunity to do something bigger for the cause. She can use her story to work with the school board, support changes to legislation, raise awareness, do fundraisers, work with her school board on establishing programs for before a diagnosis is complete, roll out larger scale organization that focuses on needs of toddlers and young children before they have the diagnosis and are able to receive the special programs they require.
I see so many ways that this woman could use this situation and use it to create so much good. If she can convince me that her intent is to create a landmark case that through punitive damages will improve prediagnosis treatment, then I could support her. However, I don't see any evidence that that is the intent or the likely outcome of the lawsuit. I see the lawsuit as destroying the teachers life, taking away valuable time and money from the school board, and honestly, causing her to fall in disfavor with the school system. I have a harder time working with someone that says do this or I will sue. I find them very irritating. On the flip side, I would like to see her move forward with her efforts to improve the situation. Instead of taking away the school systems resources for a lawsuit, work with the school board to find solutions. Help them to increase what they have to support autism and other related disorders. Work with them to ensure they have programs for teachers and staff. Make sure they have flexible programs for parents and children.
None of my comments are about what she could have done before this happened. My comments are about the countless choices she has going forward. What is her end goal. Determine the best way to accomplish the end goal. If her intent is to change the way the children are treated, I would like to see her use this situation and work with the school system to see what changes and improvements can be made before she just throws out the "I'm suing you all". At this point, I have no reason to believe that the school system is being so stubborn that they refuse to work with her as she moves forward. I think the suit is only appropriate if she uses this situation and works to make a difference and the teacher and school system refuse. Yes, a mistake was made, but that does not mean the teacher, the school, and the eduation system are not willing to put training and systems in place to prevent this type of thing from happening again. Until and unless the education system comes out refusing to make improvements, I think she needs to hold off on suing.
