Skip to main content

Teachers Can Be Bullies, Too - Lawyers.com

Teachers Can Be Bullies, Too - Lawyers.com

Teachers Can Be Bullies, Too

POSTED IN SCHOOL LAW BY LAWYERS.COMSM 3COMMENTS 
LinkedIn
Email
Share

For about nine months out of the year, most children are in school for several hours a day, five days a week. It's a long time, and most parents don't think twice about trusting their child's safety and well-being to school staff, especially teachers. Unfortunately, that trust is sometimes misplaced or abused.

Bully Teacher?!

In May 2008, a kindergarten student was in his Florida classroom with about 16 fellow students and their teacher, Wendy Portillo. The class was like thousands of other public school classes across the US. But he has autism, and while it's not unusual for special needs students to go to regular public schools, this was no ordinary day.
On this particular day, Portillo forced the student to stand in front of his classmates and listen to their criticisms of him. He was called names. Portillo then the class to vote on whether to exclude the student the classroom. He lost 14-2.
Outraged, his mother filed a federal lawsuit against Portillo and school officials. She claimed he was discriminated against under the Americans with Disabilities Act (ADA) and suffered emotional injuries. In late 2010, the school and others agreed to settle the lawsuit.
If the settlement is approved by the court, the student will receive $350,000, and Portillo will be suspended from teaching for one year.

Abuse

True, abuse or neglect of students by teachers and school personnel isn't commonplace, but it does happen, and it may take many forms, such as:

What You Can Do

You and your child don't have to tolerate such behavior. Although it may be different depending on whether a public or private school is involved, as general rule, many legal rights don't disappear simply because your student walks into a school. For instance, personal injury lawsuits may be filed if a student is injured by physical abuse or inadequate supervision by a teacher.
If you suspect your child - or another student - has been mistreated at school:
  • Contact school officials immediately. Talk to officials at the school and at the local school board of district
  • Get to know the disciplinary procedures for students and staff in the school district
  • Request an investigation, and be persistent. Ask for a formal, written explanation of the investigation's findings
If you can't get anywhere dealing with the school or district directly, consider talking to an attorney. Sometimes a lawsuit is the only way to get results. In the Florida case, the school district was made aware of problem and, hopefully, is taking steps to fix it.
The teacher or staff member involved should learn a lesson, too. That's not always the case, though. Not long before the Florida suit was settled, Portillo was again accused of discriminating against a student with a disability.
The point is, as a parent, it's up to you to stand up for your child. Stay engaged with her and keep informed about her experiences at school. Ask, "How was your day," and meet with her teachers as often as possible. If something doesn't sound right, take steps to make it right.  

Questions for Your Attorney

  • Does a school have to honor my request for any records about a teacher's past disciplinary problems?
  • Do I have to file compliant with any government agency or office before I file a lawsuit against a teacher?
  • Can I have criminal charges filed against a teacher or school official?

Comments

Post a Comment

Popular posts from this blog

Missouri Schools - The Washington Post

Missouri Schools - The Washington Post Some schools brag about their high passing rates on AP or IB, meaning the percentage of test-takers who scored 3, 4 or 5 on the 5-point AP exam or 4, 5, 6 or 7 on the 7-point IB exam. Passing scores make students eligible for credit at many colleges and universities. I decided not to count passing rates in this way because I found that many high schools kept those rates artificially high by allowing only top students to take the courses. AP, IB and AICE are important because they give average students a chance to experience the trauma of heavy college reading lists and long, analytical college examinations. Research has found that even low-performing students who got a 2 on an AP test did significantly better in college than similar students who did not take AP. On the list, we also give readers a sense of how well each school’s students are doing on the tests by posting the Equity and Excellence rate, which is the percentage of all graduating s
Read more

My Letter Requesting To Become A Board Member

Sherri R. Tucker 1200 SE London Way Lee’s Summit, MO   64081 816-554-3017 autism@kc.rr.com Lee’s Summit R-7 School District C/o Linda Ismert, Board Secretary Stansberry Leadership Center 301 NE Tudor Road Lee’s Summit, MO   64086 Ms Ismert I would like to submit my name for the position on the Lee’s Summit R-7 School Board.   As you know, I have expressed an interest in being on the school board in the past.   On my first attempt I only lost by 2% which would indicate that the voters have an interest in me being on the board as well.   I would think that the voters’ wishes would be taken into consideration. I have a strong relationship with many of the districts’ families and I can help to bridge the gap between them and the district.   I understand the commitment to the time and energy required each week for meetings, phone calls, conversations, visits to schools, and professional development seminars and workshops.   I already do that with the families that I work with and can c
Read more

School Board Candidates

I am attempting to find information on the school board candidates.  It has been much easier in the past.  This year it has been more difficult.  Susan D. Coffman Susan Coffman has served as the Outreach Program Coordinator and Finance Officer for Lee’s Summit CARES since 2008. She has been a mayor-appointed representative to the Human Services Advisory Board, facilitated alcohol retailer trainings, organized the annual Holly Festival with the DARE program, managed bookkeeping and accounting, and served as the community liaison between LS CARES and local business, universities and the cities.  Coffman’s financial background includes work as a customer support specialist at Jack Henry & Associates Inc. for 11 years and assistant vice president and customer support specialist at Merchants Bank for 17 years.  Her community activities include serving on the Human Services Advisory Board, Paradise Park Advisory Board, Lee’s Summit Social Services Board, former treasurer of Rotary C
Read more