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A student with autism hit and kicked me, what are my rights as a teacher?

1 Answers. Asked on Apr 09th, 2017 on Education Law - New York
More details to this question:
I currently work for a charter school in which there is no UFT to consult. The student was not suspended, or provided any disciplinary action after the incident. I understand that a Manifestation Determination must be made for school suspensions 10 days or longer under IDEA; but what about in house or short-term principal suspensions of 4-9 days? The student has a BIP that was followed as well and a FBA was conducted at the beginning of the school year. I'm not sure what the next steps are and how to avoid this interaction from reoccuring without any consequences provided to the student. The principal followed up with me in a meeting to go over the written incident report. She stated that I caused the student to be in crisis, (he attempted to elope and I stood in front of the threshold as the Dean had not reached the classroom yet to supervise him). Other school personnel have also been victim to his violence when trying to elope. What can we do in this situation?
Answers Showing 1 out of 1
Answered on Apr 10th, 2017 at 7:56 AM
  • It sounds as though you acted completely appropriately in stopping the student from eloping. Enduring physical abuse by a violent student should not be a part of your job description. Put your concerns in writing to the dean and ask for another meeting to discuss the protocol for dealing with this student, and insist that the protocol be reduced to writing. If you are assaulted in the future you may have an action against the school for personal injury and negligent supervision since the dean is on notice of the student's violent tendencies. 

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Education Law
For many families, their first introduction to the legal system comes as they try to protect and enforce the rights of their children to obtain an education. An education law attorney will have experience with a host of school-related legal issues, including the education rights of special-needs children, freedom of speech issues, anti-bullying and harassment statutes, and student discipline issues. Lawyers and law firms that practice education law will also work with teachers and schools, including colleges and universities.
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