My son has ADD. I need to know about teacher's rights.?

Question

Recently he was suspended because he hit a teacher as a result of the teacher pulling on his backpack. It was a reaction not intentional. Of course, he is in the wrong for hitting but what I want to know is...Did she have the right to stop him from walking away by pulling on his backpack?

I am not blaming anyone and my son is being punished for his reaction. I have a very good relationship with the school and he is getting assistance and counseling. I just feel that the school discipline should take into consideration that it would not have escalated to that point if he had been called vs pulled. I feel that discipline is justified because no matter who it was he shouldn't hit. 2 days suspension along with 2 days in school suspension just seemed extreme when it was a reaction. It actually likes this teacher. He is not one to normally be aggressive.

Why does everyone think I'm after a legal battle??? I'm just asking a question to be informed. As far as using ADD as an excuse, it's not, but it is a neurological condition that changes the way some people behave. Before you judge me or my son, you should walk in my shoes for a month. For those of you who say just control him you obviously have never dealt with children that have neurological disorders. Would you advise me the same if my son had autism or bi-polar syndrome??

Answer 1

First, I want to tell you that your son hitting the teacher is very wrong. I am myself a teacher and I have a students threaten me and insult me. It upsets me. I became a teacher with the desire to make a change in the life of the young people that I meet on a daily basis.
The teacher did not have direct physical contact with your son, therefore he didn't not touch him. He probably tried to prevent him to get in trouble. Your son has rights under the IDEA act. There are organization in every state to help with special and legal problems. I wish you good luck. I will enclose a few links.
Some schools will argue that a student that has ADD does not qualifies under IDEA but you can make a case that if he has a lot of anger, upset or emotional crisis he does. You need to search under IDEA and your state and advocacy. I feel that if a student hits a teacher or another student, there is definitely a cause for concern. I know that you love your son and that you want what is best for him. Don't blame the teacher because he already got hit, don't blame your son because he is filled with anger and that won't help. Search for a good therapist and work through the issues. It is not your fault, the fact that you are asking us this question means that you love him and that you care.
GOOD LUCK!

Answer 2

If he can't follow the rules in school (for whatever reason), maybe he shouldn't be there. The teacher can't do the job if the children won't cooperate.

Pulling on his backpack is not the right response to the situation. The teacher should have simply let him go and then have the office call you to tell you to come pick him up.

He is your responsibility so the teacher should have had you pick him up. As far as a criminal charge for pulling on a backpack (especially where no one was hurt), they'll throw it out of court and give the prosecution an earful for wasting the court's time and taxpayers' money. Don't be so vindictive! I'm sure the teacher was at a loss as to how to work with such a frustrating situation. Everyone knows kids with ADD can be frustrating because of the disorder the kids struggle with every day. It's a sad situation.

Answer 3

I think you need to get the whole story. The teacher may have been trying to prevent a situation. What is your son's age? If he is 5 vs. 16, getting his attention through touch is more appropriate. What is the definition of "pulling"? If your son is clinically diagnosed with ADD, he qualifies for special services, which does NOT mean he can still hit. He will, however, receive services to assist in managing frustration and behavior concerns. And it is important to NOT justify his actions by saying it is a reaction, not intentional, or he can grow up thinking it is okay. What will happen when he "reacts" by hitting a police officer, a spouse, a stranger, etc. ? Same as if he intended to do it....get it? He needs to learn responsibility for actions at any age and to stop and think before reacting.

Answer 4

Listen teachers have the right to teach in a safe environment. I've tugged on booksacks before in order to stop issues. A quick gentle tug is nothing, many times we don't know all of the students' names in order to get their attention and when a problem is escalating, you have to move quick. We can get sued for helping, we can get sued for sitting back and doing nothing. We have to make these calls everyday. As to the hitting being a reaction--bullshit! It was just plain disrespect for authorities! Oh and stop using ADD as an excuse. Parents do it all the time. Teach your child ways of controlling his anger and how to show respect even when angry. Your child hit a teacher, by all rights your child should be bought in front of a board to decide upon his fate in that school. The teacher also has the right to sue you. I wouldn't push any legal matters because you don't have a leg to stand on and if the teacher chooses to take legal action-you're screwed. Take it from a teacher who picked up a football that was thrown across the room during a lesson. I walked to my shelf to put it up and planned on continuing my lesson when I was pushed for the football. The student lied to his mother and said I pushed him down to the ground. Thank God for witnesses!

Answer 5

Stop and think.....the story should be taken in context....responsible, educated, experienced adult teacher vs. child, trying to defend self for a rash and inappropriate action.

As a teacher I can say the same thing happened to me. The hallways were filled with students entering school before homeroom. A boy walking in front of me was trying to trip one of his friends. That move may, had it not been quickly stopped by a tug in his bag, have knocked over many others in that crowded hallway. Yep, he turned around, and not knowing that I was behind him, he punched. Only difference, he apoligized and I gave him a lecture about how he could have caused others great harm. He apoligized again...all better....no angry mom.

Teachers live everyday around hundreds (700 in my school) of children. Let's not forget that children act silly, mean, and unsafe quite often. I DO remember the dumb things I did in school. Thank goodness that there was reliable adult supervision in those halls! Did I ever lie to my parents when I did some of those dumb things? Of course, ALL kids lie....they're kids! We did it they do it. If we think our kids are the only perfect kids in the world, we're wrong.

Let's always assume that the adults present acted like responsible adults and the children were acting like children. Then let's put the credibility where it belongs. Would you expect me to automatically believe your child's word over yours? Remember, in a room full of kids....no one broke the lamp! They will virtually always deny responsibility to avoid the consequences. I hear it everyday, "I'm grounded and didn't do anything."

Now, had it not have been a teacher undoubetedly trying to prevent some sort of situation from developing....let's imagine it was another student trying to get your kid's attention:

#1. a tug on his book bag wouldn't have been an issue!
#2. Had your son hit another child, you might be talking to those parents in court...

Answer 6

Stop trying to put blame elsewhere, people are always trying to blame others instead of admitting responsibility for their own actions. What are you after, compensation? You could ruin the career of someone who is probably good at their job because your son was in the wrong. You cannot have children hitting teachers, whether he meant it or not.

Answer 7

no one has the right to touch grab or pull at anything on your body only if the person is going to get hurt i would go to the principle or the school board Don't let anyone get away with touching your child. you can charge this person with a@b good luck from someone who went threw it