Special needs child "voted" out of classroom

[XcomSquaddie]

<sarcasm>

And hurt all of the other children in this district by taking away funding for worthwhile programs!

</sarcasm>

An apology is all that's needed. This kid doesn't need a payday.

You're (1) jumping to conclusions and (2) slightly mistaken.

(1) You're assuming that I was referring to money. I meant that they should file as many legal actions as are justified by the charges. This tactic is standard for every prosecutorial office in this country. You file every charge possible then see what the courts throw out. If it works for the courts it should work for us too.

As far as funding/typical students goes, I'm not going back down that path. I said from the very beginning:

To be honest, it doesn't matter if the child was special needs or not.

It wouldn't matter if it was about race, gender, religion or anything else.

The crux of the matter is that the teacher held one student in front of the class and publicly ridiculed him. Worse she misused her authority in making the other children ridicule him as well.

What the teacher did was inappropriate, regardless of the student's behavior.

(2) The latest article referred to sueing the teacher personally. That has nothing to do with funding for any other students, typical or otherwise.

 

[Paladin]

I stand corrected, but I don't think the teacher should be held financially responsible (other than losing her job). People are ridiculed on a daily basis. Imagine how crazy this country would be with lawsuits every time someone had their feelings hurt.

 

[LinasK]

I stand corrected, but I don't think the teacher should be held financially responsible (other than losing her job). People are ridiculed on a daily basis. Imagine how crazy this country would be with lawsuits every time someone had their feelings hurt.

Paladin, this is more than just "getting their feelings hurt". This is a small, special ed child, that understands the ridicule, and may be emotionally scarred for life. He was voted off the island for behavior he can't control!:furious:
I know what it's like, and I wasn't special ed, I was bullied emotionally for 3 years in elementary school and my life was hell. I had no self-esteem. It took me years to feel good about myself, all because some boys in 4th grade didn't want to sit by me in class, and no other girls wanted to associate with me because they were the popular boys!:furious::furious::furious:

 

[Paladin]

Paladin, this is more than just "getting their feelings hurt". This is a small, special ed child, that understands the ridicule, and may be emotionally scarred for life. He was voted off the island for behavior he can't control!:furious:
I know what it's like, and I wasn't special ed, I was bullied emotionally for 3 years in elementary school and my life was hell. I had no self-esteem. It took me years to feel good about myself, all because some boys in 4th grade didn't want to sit by me in class, and no other girls wanted to associate with me because they were the popular boys!:furious::furious::furious:

I'm not saying what the teacher did wasn't wrong. I'm just saying this is a silly thing to sue for monetary damages.

How much money do you think is fair compensation for this boy's ridicule or for your emotional bullying?

 

[RainbowsAndGumdrops]

I hate this sue happy world. A teacher made me mad so I will sue her. That is why teachers CAN'T do their jobs. This teacher was trying to teach a lesson to the child. Adults tell the kid all the time that what he does is not right. She wanted him to hear from his peers what he does that isn't right. If this were my kid, i would let the siblings tell him why they are hurt, frustrated, upset etc. Perhaps the lesson didn't go the way she intended, but i think she was trying to make a point vs having abusive intent. Instead of a lawsuit, I'd rather see the mom working with the school to come up with a solution that allows her child to learn with minimal distraction to the other kids. Suing doesn't solve anything. It is for no reason other than spite and attention (my opinion).

Teachers get more complaints from more sue happy parents. This is the "ME" generation and the parents feed into it. That kid deserves a good education. But the other students also deserve a classroom they can study and learn in.

 

[angelmom]

I'm not saying what the teacher did wasn't wrong. I'm just saying this is a silly thing to sue for monetary damages.

How much money do you think is fair compensation for this boy's ridicule or for your emotional bullying?

I don't know. How much do you think is fair compensation for some other profession's malpractice?

That's what this was. If it takes money to pay for some counseling or for him to go to a private school so his needs can be met in a nurturing environment instead of some Lord of the Flies -esque drama then I think it might do the teacher some good to help pay for that.

If I were this mother I would never again trust my child's education to the government's schools. Private schools that specialize in learning differences cost a pretty penny. And we all know that punitive damages are often the only ones that get through the red tape and bureaucratic BS.

It shouldn't be millions of dollars, but it should be enough to get the attention of this horrible teacher and the administrators who thought there was nothing wrong with this picture.

 

[Paladin]

I don't know. How much do you think is fair compensation for some other profession's malpractice? That's what this was.

Malpractice and a teacher being cruel are two completely different realms. This argument holds no water.

If it takes money to pay for some counseling or for him to go to a private school so his needs can be met in a nurturing environment instead of some Lord of the Flies -esque drama then I think it might do the teacher some good to help pay for that.

This child is going to experience alot more cruelty throughout his life, mostly at the hands of his peers. Should each one of them be held responsible for his couseling or education? You speak as if this child's life is completely ruined and that it's going to take years to undo what was done here. We have no way of knowing the lasting effects of this.

If I were this mother I would never again trust my child's education to the government's schools. Private schools that specialize in learning differences cost a pretty penny. And we all know that punitive damages are often the only ones that get through the red tape and beaurocratic BS.

According to the original article, the child is undergoing tests to determine if he's Autistic. How can a teacher be held responsible for something a child may or may not have?

It shouldn't be millions of dollars, but it should be enough to get the attention of this horrible teacher and the administrators who thought there was nothing wrong with this picture.

No laws were broken. It would be in the best interests of the school district to put some distance between themselves and this teacher, and to give their teachers some sensitivity training.

 

[XcomSquaddie]

I hate this sue happy world.

Join the club.

This teacher was trying to teach a lesson to the child.

She taught everyone in class a lesson. A multi-tiered lesson in intolerance, intimidation, isolation and mob mentality.

Adults tell the kid all the time that what he does is not right. She wanted him to hear from his peers what he does that isn't right.

Do you have any concept at all of Autistic Spectrum behavior? The child literally can not stop doing these behaviors. The idea that hearing it in a certain way or from certain people would change the behaviors is ludicrous. It simply does not work that way.

If this were my kid, i would let the siblings tell him why they are hurt, frustrated, upset etc.

As a matter of fact, you would not. If you were raising a child with ASD and AB's symptoms, you would understand the futility of that. All it would do is damage the child.

Perhaps the lesson didn't go the way she intended, but i think she was trying to make a point vs having abusive intent.

When she was told (by the principal) that the child was being tested, it was her responsibility as a teacher to take the time (all of an hour at most) and research ASD. The child is exhibiting classic behaviors. Had she done so, she would not have made the choices she made. I hope.

Instead of a lawsuit, I'd rather see the mom working with the school to come up with a solution that allows her child to learn with minimal distraction to the other kids.

Blame the school. They are the ones that drag their feet and insist on testing and retesting and evaluations and re-evaluations. They are the ones that ignore IEP's and Behavior Modification Plans, once they are in place (like this teacher did).

The mother WAS working with the school. This teacher just decided that she knew better.

Suing doesn't solve anything. It is for no reason other than spite and attention (my opinion).

One, raising attention for an issue is a valid objective. Two, the only things that get a school boards attention are money and publicity.

That kid deserves a good education. But the other students also deserve a classroom they can study and learn in.

And everyone was in the process of setting that up. The teacher violated the pre-IEP, the BMP and the basic precepts of special needs education because she thought she knew better.

Oops.

 

[XcomSquaddie]

Malpractice and a teacher being cruel are two completely different realms. This argument holds no water.

No. A teacher being cruel amounts to malpractice.

This child is going to experience alot more cruelty throughout his life, mostly at the hands of his peers. Should each one of them be held responsible for his couseling or education? You speak as if this child's life is completely ruined and that it's going to take years to undo what was done here. We have no way of knowing the lasting effects of this.

None of the peers, or even strangers on the street, are responsible for the child's education. Peers are not in a position of authority. A teacher is. While I doubt that he life is ruined, you cannot deny that the situation was traumatic. Yes, it very well could affect his outlook on school and take years to undo.

A teacher did this. Not a fellow student. Not a school yard bully. The teacher.

According to the original article, the child is undergoing tests to determine if he's Autistic. How can a teacher be held responsible for something a child may or may not have?

The teacher was given a pre-IEP and a Behavior Modification Plan. Both of those told her how to handle him. She ignored them. And in cases like this, the behaviors are clearly visible and fit the criteria. It's not like a blood test. The actual testing is more of a formality.

No laws were broken.

That's so very comforting.

 

[Paladin]

I'll be right back: filing malpractice suit against my grammar school teachers because they hurt my feelings. LOL.

 

[RainbowsAndGumdrops]

XComSqaddie hurt my feelings too. I don't want everyone to team up against me.

 

[RainbowsAndGumdrops]

Join the club.

She taught everyone in class a lesson. A multi-tiered lesson in intolerance, intimidation, isolation and mob mentality.

Do you have any concept at all of Autistic Spectrum behavior? The child literally can not stop doing these behaviors. The idea that hearing it in a certain way or from certain people would change the behaviors is ludicrous. It simply does not work that way.

As a matter of fact, you would not. If you were raising a child with ASD and AB's symptoms, you would understand the futility of that. All it would do is damage the child.

When she was told (by the principal) that the child was being tested, it was her responsibility as a teacher to take the time (all of an hour at most) and research ASD. The child is exhibiting classic behaviors. Had she done so, she would not have made the choices she made. I hope.



Blame the school. They are the ones that drag their feet and insist on testing and retesting and evaluations and re-evaluations. They are the ones that ignore IEP's and Behavior Modification Plans, once they are in place (like this teacher did).

The mother WAS working with the school. This teacher just decided that she knew better.



One, raising attention for an issue is a valid objective. Two, the only things that get a school boards attention are money and publicity.



And everyone was in the process of setting that up. The teacher violated the pre-IEP, the BMP and the basic precepts of special needs education because she thought she knew better.

Oops.

Seriously, XCom, I do get that there is an issue here. However, this teacher probably does not have the experience with this child. She couldn't get through to him before. Other adults couldn't get through to the child either. I think she wanted to let the children get through to the child. I understand that that wasn't likely to work, but what if that was the one breakthrough that changed the kids life. What if it was the one way the kid heard. You would never know if you don't try. The teacher may or may not have taken the time to understand the disorder the child was being tested for. However, understanding the disorder doesn't make it an easy situation to deal with. People can argue all day whether she was right or wrong, but that doesn't solve anything. I honestly think that if we are looking out for what this kid needs, working with the school, working with the teacher, working with the kid, working with specialists, getting the testing completed etc. will do more to help this kid than suing.

 

[southcitymom]

I'm not saying what the teacher did wasn't wrong.I'm just saying this is a silly thing to sue for monetary damages.

How much money do you think is fair compensation for this boy's ridicule or for your emotional bullying?

I agree.

 

[XcomSquaddie]

Seriously, XCom, I do get that there is an issue here.

You have an odd way of showing that.

However, this teacher probably does not have the experience with this child.

She's been teaching him all year. That's enough experience.

She couldn't get through to him before. Other adults couldn't get through to the child either. I think she wanted to let the children get through to the child. I understand that that wasn't likely to work, but what if that was the one breakthrough that changed the kids life. What if it was the one way the kid heard. You would never know if you don't try.

That statement indicates that you do not understand Autism at all.

IT. WILL. NOT. WORK.

The behaviors are called stimming. An autistic person CANNOT STOP DOING THAT. It takes years and years of therapy to override stimming. Therapy by trained teachers and aids that have a clue as to what they are doing. Not a half-a$$ed intervention by a frustrated and ignorant teacher.

The teacher may or may not have taken the time to understand the disorder the child was being tested for. However, understanding the disorder doesn't make it an easy situation to deal with.

As a matter of fact it does. If you comprehend that Autistics cannot understand social and emotional cues and can not stop their behaviors, it changes the situation entirely. Of course, aknowledging that would mean admitting that the teacher was wrong.

People can argue all day whether she was right or wrong, but that doesn't solve anything.

In other words, you can't prove that she was right, so the entire arguement is invalid. Sorry. Doesn't work that way.

I honestly think that if we are looking out for what this kid needs, working with the school, working with the teacher, working with the kid, working with specialists, getting the testing completed etc. will do more to help this kid than suing.

Have you read the articles and the posts in this thread?

The mother WAS working with the school.
She WAS having him tested.
She DID agree to the behavior plan and the pre-IEP.

WHAT ELSE WAS SHE SUPPOSED TO DO???

Given the choice, most parents don't want their autistic children in class with your typical kids. Trust me, the typical kids are more distracting to the autistic kids than vice versa.

But the school districts force the issue. Not the parents.

They created this situation.
They hired the teacher.
They had the obligation to provide a safe and proper learning environment.

THEY FAILED.

So don't come crying to me about the validity of lawsuits and the faults of the parents or children.

WE had this situation forced on US.

The schools create these problems. Let them pay for fixing them.

 

[Paladin]

WE had this situation forced on US.

The schools create these problems. Let them pay for fixing them.

WE pay for THEM. So it's up to US to get involved by remedying the problem, not suing THEM.

Suing them = suing ourselves.

 

[Taximom]

Xcom, I agree with most of what you wrote just above, but I don't think it's always true that the schools force the issue of inclusion. In fact, I think it's the opposite! In the cases I've seen, the parents wanted inclusion, schools didn't but the parents won.

 

[XcomSquaddie]

Xcom, I agree with most of what you wrote just above, but I don't think it's always true that the schools force the issue of inclusion. In fact, I think it's the opposite! In the cases I've seen, the parents wanted inclusion, schools didn't but the parents won.

You're probably right.

In my experience, the parents only wanted as much inclusion as the children could handle. Our son spends about 2/3 of his day with his typical class, but goes back to the life-skills class for certain subjects and if he is having problems.

But, like I said, you're right.

 

[Taximom]

Maybe it evens out in the end, Xcom.

I'm like your last example. I don't mind her being included in music, art, and gym. The teachers know her skills and the others are able to continue at their level without much disruption from my dd.

I have one friend that is SO pushy and she just doesn't want to change. She tells me what the teachers/school says to her about including her son in all the classes but it doesn't change her mind! I don't get it! We've respectfully agreed to disagree on that, but she still tries to talk me into things with my dd!! argh

Sorry, O/T a little.

 

[KR2tonenow]

PORT ST. LUCIE— The family of the kindergarten boy voted out of class last month is moving forward with a civil lawsuit, said the boy's mother, Melissa Barton.
Barton said her attorney has put the St. Lucie County School District on notice he intends to file a civil lawsuit, claiming discrimination and that 5-year-old Alex Barton's civil rights were violated.
A notice was filed with the district's legal department, Barton said. The district now has six months to respond before an official lawsuit can be filed, she said.
Alex's Morningside Elementary teacher, Wendy Portillo, allowed his classmates to tell him what they thought of his behavior, while he stood in front of the class, according to police reports of the incident. Portillo told investigators Alex had been misbehaving and had two disciplinary referrals that day.
http://www.tcpalm.com/news/2008/jun/07/alex-barton-family-plans-to-sue/

This civil lawsuit will be a corner stone for all other school district's within the US.

More and more, districts are having to train teachers and set up applicable programs for ASD and Asperger's.

Congrats to this family for standing up for their ASD child.:clap:

 

[Details]

I'm not sure about the lawsuit for discrimination - if he's not diagnosed, is the teacher liable or expected to treat him differently? IIRC, he's not diagnosed as any particular problem.