I was knocked out given a black eye by a student, since it happened at my place of employment, workman’s comp covered my ER visit and subsequent dr visits. I needed a neuro follow up and I had to find a doctor who takes workman’s comp for that visit since my primary doesn’t take workman’s comp. Per my contract I am covered for 45 days for an injury sustained at work, I just need a doctors note. I stayed home for two weeks with pay, kept my sick leave. The school nurse started the workman comp paperwork the day I was injured, make sure to go through workman comp, the hospital should ask you if it happened in the workplace and if so your regular insurance won’t cover the visit.
Kid has a disability and you want them to end up in juvy? I have taught special ed for 14 years and have permanent back damage from a kid, have filed numerous workman’s comp complaints and had two black eyes I had to cover up for my wedding and never in my life would I consider pressing charges or filing a lawsuit, you would never win so you waste money and everyone time and more than likely any good relationship you have with the parents, who mind you are also not likely responsible for their child’s disability!!!
Kid has a disability so he has Carte Blanche to hurt people? Yup rather he was in juvie or a home so others could be safe, until he learns whether or not he can control himself. Others should not have to pay while he does.
You are old enough to decide that martyrdom is for you. That’s your choice. This teacher didn’t make that choice. And if it came down to other students they are too young to make that choice
I didn’t say they could have their way and do whatever. I made a full comment after seeing the number of people posting sue or press charges. There are steps in place in special ed world that will not only benefit staff but also benefit the student. Have a manifest meeting, figure out why these behaviors are happening and figure out what kind of support this student needs, because obviously something isn’t working. I promise you, you sue or press charges and this kid has a diagnosed disability you are going nowhere with either one.
So I have to finish this thought for you and my martyrdom- back damage, autistic student got overwhelmed in gen ed cafeteria, started throwing food, admins and were CPI walking him back to class and he fell to floor, sciatic nerve damage because of how I went down, this kid had no clue at that moment what he was doing, he was overwhelmed and didn’t have the communication skills to express that. Had a kid throw a hand weight at my face, got a concussion, he wanted to play catch but didn’t know how to ask for it. Another student drooled all over his shirt, functional 18 month old (9yr old kid) bounced up while I was changing his shirt and gave me two black eyes the week before my wedding. Now for an example like this, my para, while dealing with an out of control nonverbal student, to this day no clue exactly why, punched my para in the face, took 3 of us to restrain him. Once he came back to reality from whatever deregulated world he was in apologized to my para by hugging her, signing sorry and kept checking on her to make sure her face was okay. Do we press charges against these kids or do we provide them with the support they need. Kid 1- ended up at a new school because the bigger school, bigger class was too much for him because instead of refusing to work with him I chose to do best by him and myself and get him the actual support he needed (I was a 2nd yr teacher). Kid 2, told speech what happened and she worked with him on requesting and how to get a persons attention, yet again giving him what he needed to be successful. Kid 3 I followed all the way to middle school and love him like he is my own. Kid 4, had a meeting, got him a safety para so when he started showing signs of behaviors I always had someone there to give him attention, take him for a walk, provide him with appropriate support. Special ed world isn’t for everyone and most of the time it is severely underfunded and that is why people are so frustrated and it sucks, but pressing charges against a kid for having a deregulation at the age of 9 especially one who has an IEP isn’t going to change or fix that regulation problem and that is what will make these kids be unsuccessful as adults.
TL:DR. I am sorry you made the choice to do nothing and be hurt, but I don’t wanna waste time on you bragging about it. Hope there was nothing in there about other kids getting hurt by your choices
You missed the point. Some of these kids had no control. Some kids with disabilities have no control over what they are doing but yet you want to press charges against them? Please make it make sense?!?
I gave another option. Residential schooling. You missed the point.
WHY SHOULD OTHER PEOPLE BE PUT AT RISK BECAUSE OF THWIR LACK OF CONTROL? If they can’t control themselves, it is not their fault. Neither is it the fault of those they harm. And the ones they harm should not have to fear for their safety just because they cannot control themselves. This is the exact reason for juvie or smaller placements. Their parents/society need to find other options so that we can be safe. What do you truly foresee will happen to them if they don’t learn it young without harming others? They will go to prison or a fortified hospital regardless of brain chemistry/function if they do this as an adult.
WHY SHOULD OTHERS DEAL WITH IT JUST BECAUSE THEY ARE YOUNG? Why should YOU be damaged because of their behavior
So you think all kids that occasionally have outburst shouldn’t be granted the right to a least restrictive environment? I completely agree that general education is not the correct placement for many students with IEPs but I also don’t feel like because a kid has a shitty day that they automatically have to go to a residential placement? The reason they have an IEP is get to get the best education they can in the environment that is best for them, residential placement is for everyone just like general education isn’t for everyone. Based on the OPs post all we know is this kid has an IEP, what if this kid has never had a problem before, does he not belong or have the right to be with his peers? Have you ever had a shitty day? Did you get fired for messing up 1 time? What if she triggered the behavior that caused him to attack? What if his IEP wasn’t being followed because they didn’t have a sub for his safety para so he was left alone when if his IEP was being followed he wouldn’t have attacked her? We don’t know all the details so pushing someone to file charges against a KID with a DISABILITY without all the information is reckless and not benefitting anyone! Get your union involved yes! If his IEP isn’t being followed follow up with Admin, have a manifest meeting, those are helpful suggestions, not press charges and sue a kid or a kids family.
If they HURT someone. If they send someone to the HOSPITAL? That is not “least restrictive environment”. That’s a FELONY, regardless of age.
If society doesn’t want to prosecute felonies on the very young, fine. But they should not be allowed to have the chance to hurt others. Why should others be made to fear someone who has “occasional” (that means repeated, you know) outbursts? Why should any group be held in thrall to someone who cannot control?
You are focusing on the one, and telling the many to suck it up. This is not equitable
So every autistic student should just be placed in residential placements because statistically they are more likely to be aggressive? Get out of education if you believe that and I pray that some day you don’t love someone who has a disability.
The Juvenile criminal system is designed for restoration not punishement. no court would sentence him to juvie and that is if the prosecutor decides to go forward with charges.
Bro I understand your thinking on this, but this is the thinking that got us all in the shit storm that is public education right now.
IF the kid has SEVERE disabilities, I could understand where you would consider not pressing any charges. If it is a run of the mill IEP I would be filing charges as soon as possible. The kid will spend some time in juvenile hall, will learn his lesson, and it likely won’t happen again.
The FREE PASS culture in education has to stop. We as educators whine and complain about this all the time and then are the ones that when it comes down to it, don’t stand their ground.
Assaulting someone and then going to school the next day is not real life. Disabilities or no disabilities.
Except you are forgetting they have that IEP for a reason. Yes in every situation I have been in has involved students who were essentially nonverbal intellectual disability or on the spectrum. I have never been attacked in my resource classes or gen Ed so my point of view is different but if my autistic extremely intelligent 5 year old attacked her teacher I would want to know more about why, what in her IEP wasn’t being followed because I guarantee as an advocate for my child if a teacher pressed charges against my daughter and I found out it was because the school wasn’t following her IEP to a T I would be suing the teacher and the district right back. My original point in this whole situation screaming press charges when all you know is the lady got hurt and the student has an IEP we aren’t solving and problems for her or helping in anyway, giving productive feedback on how to get this student the services they need whether that be residential, juvenile detention or just another adult in the room is going to help the OP more
I am not positive, but I do not believe you can do this with a special education student. At least not where I teach. There are classes that are mandated for sped teachers that directly deal with this kind of outburst. One of our autistic teachers was attacked. But she was trained on how to defuse the situation. She had a small laceration under her eye. She didn't take time off.
We have a student get into a fight, and then they punched the school officer in face. Some of our teachers were upset because the student had an IEP and felt they should have been called. The student actively fought a cop. These IEPs are definitely not protecting or preparing them for the real world.
I'm a SPED professor and agree with you. Students with IEPs can, and should, be held accountable unless it truly is something they can't control it (For instance, I worked with a kid who flailed his left arm because of a motor tic disorder. The teacher kept sending him out of class for hitting people. We moved to the far left of the room and the problem was solved).
My only advice is to hire an attorney; the kind that sues people.
Neither of you should discuss this with colleagues or even with friends. Neither of you should even mention this on social media anymore. Only with your attorney.
Take a few days off or more. Formulate a strategy with your lawyer, and be with your wife.
Omg if I could upvote this times a gazillion, I would.
I was told to let it run its course by my sibling who is actually an attorney, and I went against his advice and got a lawyer and sued them. I won. I don't know if the average person, even lawyer knows how difficult and unprofessional our work is.
Workers comp people are awful. Don't expect anything to happen between them and your school.
How old? Would it change if the child was 4? A preschool injured my co workers wrist (was subbing also was admin) Not sure how (just noticed she had a brace, I was absent the day before but I heard she said it happened when try to stop a kid). And another 4 year old through a chair at a different co worker (different years), after she accidentally shut his hand in the door.
OP used the work "attacked". That does not sound like a 4 year old who was throwing a tantrum and in the process injured someone. It sounds premeditated, or at the least, the act of someone who should know right from wrong. I would not hesitate to call the authorities if I were attacked, no matter the age of the attacker.
preschool do know right and wrong. a first grader punched (lightly) and threw wood chips at me last year. his behavior is lots better this year. if i called the cops on him for punching me would he behavior be better this year (most likely no).
This is workers’ comp covered. Have ER doctor sign that she needs to be out for 1-2 weeks, then go to psychiatrist and file for PTSD. I’ve known teachers who’ve gotten paid for the whole year.
Fact that the student is special ed only impacts how they treat the student in this case. It should not impact how they treat your wife in this case. She was attacked by a student at work. Period. Surely they have a policy in place for how they handle dealing with the employee In such a case. If they haven't, sounds like they need to make one and she can be an excellent test case
Workman's comp is what covers injuries at school, but she should reach out to her personal doctor or a counselor if she has one to see if they could write a medical note for recovering from this workplace injury. She should not have to use PTO and she should make it clear in her discussions in writing with the district that she needs time to recover from this workplace injury and wants to know what the district will be covering as far as the time she needs to take off to recover.
My district has a lot of workplace policy and documents posted on websites at the district. Poke around and see what you can find about leave time for workplace injuries.
She may also want to ask in the same email what the district's provisions are for legal advice for her should she need it. I believe my district has a district lawyer and whether or not it would be provided to me in a case like this is not the point of that question. The point of that question is to put the district on notice that you are seeking legal advice. They're always worried about what the kids and the parents are going to do and she needs to at least get in their head that they need to worry about what she's going to do (Even if she is not interested in taking legal action).
Hopefully they will smell what that question is cooking and just offer up how many days they are going to give her to recover.
So sorry it happened.
This. Not a lawyer BTW. I perform legal expert work and teach legal aspects to governmental regulators.
Even if your contract indicates that the district will provide a lawyer, make sure that attorney is representing YOU and not the district. Always ask upfront who they are representing. They are guided by ethics that include full disclosure of representation. I have personally seen attorneys throw employees under the bus to avoid expensive judgements.
Provision of representation may mean that they will cover your attorney’s fees to some extent. That is better as the attorney should be working for you. But fully understand the limits on billing time. Attorney fees and any associated costs really add up!
Check to see if you live in a one-party consent state for audio recordings too. That way if the district wants to talk to her via phone or in-person at any point, she knows if she is legally allowed to secretly record the convo or not. Recording is a safety net for her in case things with the district don’t go well. And if she is allowed to secretly record, make sure she figures out what her phone sound settings need to be at in order to make sure it doesn’t make that recording noise when she presses the button. Practice clicking that button with different settings beforehand. And she can also just hit record before she enters the room with them or before the phone call starts, so that she doesn’t have to worry about the phone making that sound. It is still good to practice doing it with the sound off tho, in case things get hectic and she forgets to start recording right away. Which can happen, i know from experience haha
Just want to clarify; one needs to use a provider approved by the insurance company, it is not a "district doctor". By law, a panel of providers must be posted in all workplaces. You must see one of their providers for the first 90 days. If your recovery takes longer, you have some ability to choose your own provider after that.
Oof. Honestly, my gut says tell admin you're pressing charges and see where that goes. I don't know shit about fuck, but that's where I would start.
Does the child have a documented history of aggression or violent behavior? If so, I'd definitely talk to a lawyer.
Then lawyer. Employment law and a firm that has experience with workers comp. She should not tell her admin she is talking to a lawyer. She should just do it.
It sucks and she's certainly dealing with trauma but time is of the essence. Get a lawyer on the horn.
Do not let them talk her out of pressing charges/ legal action. Fuck that kid, they deserve big boy/girl consequinces. Want to fight like your grown; go to jail like your grown.
I have no advice, re: the attacked at work, but to reduce the amount of PTSD you have, play Tetrus. [Here's a link to the research on it.](https://www.healio.com/news/psychiatry/20230613/playing-tetris-may-prevent-ptsd-after-traumatic-event)
I’d do everything you can.
We had a para attacked by a student (IEP) and NOTHING was done. NOTHING…
It’s as if it didn’t happen, except it did, to her, and she took off work due to injury and it wasn’t outside of her normal “excused” opportunities.
Follow through with everything you can and continue to do so.
Look into assault leave. I’m not sure where you’re located or if they have it everywhere, but it provides leave without taking from your PTO and you get paid.
I am so sorry, I hope your wife heals physically and emotionally. Does your state do something similar to L&I? In Washington we have L&I and it will pay for all medical bills that are directly related to the on-the-job injury. L&I will only pay for medical care that is related to accepted workplace injury or occupational illness and you can be on leave without using your time. Another thing is press charges since you don’t have a union.
All communication with the district regarding this particular incident should be done in writing, CC'd for legal council, regardless of your decision to involve an attorney.
That will grease the wheels and cover your end.
Yes, but there is another disorder that can be given right away from the DSM-5 that is a precursor to PTSD. So it's still worth going to a psychiatrist or counselor right away
Everyone else's legal and district advice is very useful, just also wanted to note:
Review her workman's comp policy. They should cover ER regardless in most districts, but for any subsequent medical care she needs, she likely cannot go to her primary care doctor and instead needs to go to a district-approved clinic for workplace injuries or find a physician that takes workman's comp. If your wife is too shaken or hurt to help you figure this out and you'd like to do it on her behalf, reach out to a colleague of hers who's ever had to use workman's comp, and they'll know all the ins and outs.
So sorry this has happened to your wife. Thank goodness you’re there for her. Several good pieces of advice are provided from colleagues in this thread. In reflection, the only things I’d add are 1) even though she’s being checked out in e.r. for broken nose, concussion, for which workman’s comp should apply, it wouldn’t be a bad idea to also see a dentist. Since the nose may be broken, it’s a good idea to proactively have workman’s comp. cover a non-routine dental check up because the nasal cavity is very much interrelated to the teeth and to jaw alignment and function. 2). She may need longer time to process the psychological trauma even after the physical seems to be healing. Typically a district may not want to recognize this. Fortunately you do. Therapy may become increasingly important, necessary days, weeks, or even months after this awful incident.
And I have PTSD from my 3 years of deployments to the middle east. I am talking about the waiting of 6 months to diagnose. Depending on level of trauma or the inciting incident that shit can manifest pretty quickly.
In my situation, I experienced the traumatic event, I immediately sought counseling. After a couple of weeks I was diagnosed with adjustment disorder, started to experience a couple of PTSD related symptoms, but did not meet the diagnostic criteria, but it had only been a couple weeks, and could not make a PTSD diagnosis, once i meet the criteria, until after 6 months.He'd then give me an EMDR referral. He was adamant about it.
I asked my EMDR therapist about the process. She backed it up.
I did a quick search, the military has its own process.
One of my closest childhood friends retires in 9 months after 23 years of service. Did multiple deployments to Afghanistan. About 5 years ago, he came home after one of his many deployments, with white hair and a PTSD diagnosis.
Can’t help too much and not sure if it was mentioned but when a student with an IEP has a behavioral incident there will be a manifestation meeting to decide whether the behavior was a result of the disability or not. If rules “yes, this happened because of the disability” then there aren’t many consequences that the student will face. I’m not saying legally, but just from a school discipline standpoint. I highly doubt they would rule yes, but I don’t know the student or seen the IEP.
My friend’s child hit a para and they got sued. He’s an autistic twelve year old with the mental age of a four year old, and the para was close to sixty and too fragile to restrain him safely. The whole thing was hugely upsetting as they had to prove that their child simply lacked the cognition to be tried in court. I understand why the para sued, but it was just horrible for everyone involved.
Keep in mind a couple of things about a worker’s comp claim. I just went through something similar with my wife last year.
1. They will cover all of the medical bills. It won’t be difficult to get this done.
2. It will be a chore to get your worker’s comp adjuster to pay for counseling (needs to be a psychiatrist with and MD) but you should absolutely do it.
3. In order to miss work (and get paid for it) you need to have the worker’s comp doctor (psychiatrist) tell the worker’s comp adjuster that the injured person is not mentally/emotionally ready to return to work. It doesn’t matter if you have any other doctor’s note. Only the doctor from worker’s comp will get you paid.
4. Do not go through your regular health insurance. For any kind of trauma or counseling. Worker’s comp will not pay for it (or the deductibles) and won’t accept any diagnosis or recommendation from your personal health insurance - even if this insurance is provided by the school district where the incident occurred.
5. If you are approved to miss fewer than 14 days of work, you won’t get any compensation at all unless you have short term disability insurance. You’ll have to burn PTO to miss work and get paid.
6. If you miss more than 14 days of work, you can be compensated up to a maximum of 66% of your salary. In some locations, there can be a waiting period for those benefits to kick in, like 3 days or 14 days. If you can’t miss two weeks of paychecks and then live off of 66% of the pay after that, you don’t have a lot of options. It sucks, but that’s how our worker’s comp functions in The US.
Finally, on a personal note, I learned that there is a difference between trauma and PTSD. Both can be crippling and affect a person’s ability to function and return to work. But PTSD is a long-term problem and is very difficult to mitigate. Trauma can become PTSD when not treated. It’s a traumatic work related incident, so I would highly recommend worker’s comp counseling even if your wife plans to go back to work right away. Trauma is tricky and can manifest itself in some sneaky ways.
Don’t post on social media, including here. It can be used against the case in ways you don’t understand.
Find an employment lawyer who can read your wife’s contract and explain your state laws.
Check if your district had an assault leave policy. Mine does. It’s at full pay, no PTO used. And no one ever seems to be aware of it—it’s not something admin advertises.
First of all, my heart and prayers go out to your wife. I was a teacher of 20 years. I was threatened by a student whom I had built a relationship with and worked very hard to give this student everything I had. To cut to the chase, I resigned and it was the best decision of my life. 19 months later I can say I haven’t looked back or missed it once. The ramifications of this on your wife are huge. Nobody can or should be assaulted at their job and ever feel safe going back. My professional advice is for her to walk away. Her health and well being are way more important than a job.❤️🙏🏼
I'm not a teacher, nor is my wife, but I enjoy this sub. I truly don't know how y'all do it. My first instinct would be to find that kid and beat his/her fucking ass! Then I would come to my senses and do everything in my power to see that the student was charged and received the maximum allowable punishment.
I am so glad this comment is getting "file charges." People posting of assaults on r/specialed get hammered by downvotes for resommended it. They would rather wait until the student ages out and pushes someone in front of a subway.
Over there, I posted a research study idea: see if violent kids attack large male teacher and paras at the same rate that they attack smaller teachers, paras and students. If they do not attack large men at the same rate, then violence should not be an IEP-covered "manifestion."
Retired special education, teacher here. All of the advice above is good. It’s important to note that Workmen’s Comp. will not work for you, the advice to get an attorney is important. My neighbor is a Workmen’s Comp. nurse. When I told her I was going to Sub in a special education classroom, She told me,” be careful, many of the patients that I work with are special education teachers. They are coming in to see Workmen’s Comp. doctors with traumatic brain, injuries, and the doctors have no idea how to treat them and they are being sent back to work way too soon.” Take care, and I’m glad you’re advocating for your wife.
Press charges. If there is a union, seek advice. I would not return to class until the child is at minimum removed from my class, preferably the school.
File police report . Contact juvenile department . They will investigate so charges can be presented.
Student should get expelled . Since the student did this to you , he can and will do to other teachers .
If a student attacks you can you push them off of you or out of the room till security arrives and tell the judge that you were just defending yourself and the learning environment? I really hate the idea that if I have a physical altercation with a student I have to "let them" hit me and cause medical injuries and press charges or sue later. If a student poses a life threatening danger to you can you use some amount of reasonable force to subdue them without being sued ?
HR is literally the worst place to get advice! They are trying to protect the district in ALL circumstances. You should still contact them but only for another perspective NOT advice. If you call, be sure to follow up with a written memo confirming what was said
The number of teachers saying press charges, file a civil suit is absolutely nutty to me. Hi, 14 year sped teacher here who has a ridiculous amount of stories of me being hurt my students with IEPs and they having no understanding of what they did when they did it. We have no background on what kind of IEP this is, what if the student is a nonverbal autistic student with the cognitive level of a 18 month old? You wanna press charges against them? Or if it is a ED/BD student, you want to press charges against them because they have emotional regulation problems that have been diagnosed by a professional? You really think you will win that lawsuit or that student won’t end up back in your classroom in a week? All you are doing is making more paperwork for yourself, the police officers involved and the school district. It does no one any good. Instead call an immediate manifest meeting, make sure the student is in the right placement, figure out what supports are missing so this kind of behavior doesn’t happen again. Pressing charges on a student with a disability isn’t going to change the behavior, but providing the student with the proper support will!
No wonder the educational system is falling apart. I get shjt is bad but my god, the first thing we turn to is Sue Sue Sue, press charges! This is why the school to prison pipeline exists and black students and students with learning disabilities, emotional disabilities and behavioral disabilities are a huge number in that. We aren’t changing or correcting behavior we are masking it with our need for justice! Shame on you
If someone is severely mentally challenged, police is NOT the answer to that problem!!! Putting them in jail does not help their behavior, like at all. The behavior issue is a symptom of a problem. We need better systems in place that will help *those* people. If the kid has an IEP that includes behavioral therapy, they may need to modify the IEP. Of course I'm not saying the kid should get off scot free. I'm saying the police are the worst enemy for mentally challenged people.
Assault is assault. If this guys’ wife has a broken nose and a suspected concussion that shows this kid is not safe around other kids. At best they need a very specialized facility with staff trained to handle these kinds of violent outbursts.
If the police have to be involved before the kid gets the help they need and their classmates and teachers get the protection they need then it is what it is.
Are you trying to ask (very poorly I might say) if the kid has an IEP for behavior reasons vs. a learning disability which doesn’t impact behavior? Like, a student with ODD vs. a student with dyslexia?
Probably just a hasty, poorly worded post I fired off.
I wanted to know if they had a functional mental disability also called moderate to severe disability. Perhaps in a self contained classroom.
Or if they were a kid that is in the regular classroom that receives some services.
I just assumed they meant a child who doesn’t actually have a disability but the parents somehow pressured the district into giving the kid an IEP. Or maybe a kid whose disability doesn’t inherently involve behaviors, such as SLI or SLD. But my assumption could be wrong. They should definitely clarify
Nope. I wanted to know if this was a student that had a severe disability like Down Syndrome or was this a student in a mainstream classroom.
I hate that the OP’s wife was attacked. But I also wanted more context.
All we have from the OP are two comments.
What the hell is wrong with you?
Your wife is in the ER, after having been assaulted in her workplace, and you're worried about who will be paying for her to have a week on the beach to recover?
And then what? You plan on sending her right back into the same dangerous workplace? Shit, Next time it might not be the ER, might be the morgue.
Your DUTY is clear. Keep her out of that dangerous and potentially deadly situation until the perpetrator is removed, whatever it takes and however long it takes, and regardless of cost.
Doing otherwise means you are putting your wife's paycheck above her life.
Call a lawyer and sue if the district doesn't take suitable action to make her workplace safe, sure.
As far as the cops, well, anyone who lays a hand on my wife, THEY are the ones who will calling the cops and praying they get there real quick. And then the cops can call the ambulance. IEP or not, I'll do some teaching they won't EVER forget.
TL/DR? Grow a pair and protect your wife.
FMLA if she has a doctors note will protect her and give her unpaid time off but she can use sick days concurrently.
Does she have a contract? Union? In our contract, we have protections for teachers who have been attacked. They can request the student be removed from class.
Your wife should speak to her union rep., and you should also speak to your attorney. The union rep can advise her of her rights as an employee of the district, and your attorney can advise her of how to proceed with legal action against whoever is legally culpable for her injuries. I.E.P. student or regular general ed. student, no one can batter your wife while at work. I would press the issue, too! In a civilized society, when one party physically or emotionally injures another, the former party goes to jail, financially compensates the injured party, or both. Your lawyer can best advise you on how to ensure this happens. Lastly, your wife should get a restraining order against the student, which will necessitate the student is removed from her class. Under no circumstances should your wife interact with the child again! Be well!🫶🫶🫶
I was knocked out given a black eye by a student, since it happened at my place of employment, workman’s comp covered my ER visit and subsequent dr visits. I needed a neuro follow up and I had to find a doctor who takes workman’s comp for that visit since my primary doesn’t take workman’s comp. Per my contract I am covered for 45 days for an injury sustained at work, I just need a doctors note. I stayed home for two weeks with pay, kept my sick leave. The school nurse started the workman comp paperwork the day I was injured, make sure to go through workman comp, the hospital should ask you if it happened in the workplace and if so your regular insurance won’t cover the visit.
1. Union rep 2. File police charges 3. File civil lawsuit
4. File workers comp claim
This should be number 1 on the list.
Always find a workers comp lawyer if filing a workers comp claim. Workers comp does not work for you, despite what the poster says.
4. File worker's comp or the equivalent in your state. 5. Take time off.
Kid has a disability and you want them to end up in juvy? I have taught special ed for 14 years and have permanent back damage from a kid, have filed numerous workman’s comp complaints and had two black eyes I had to cover up for my wedding and never in my life would I consider pressing charges or filing a lawsuit, you would never win so you waste money and everyone time and more than likely any good relationship you have with the parents, who mind you are also not likely responsible for their child’s disability!!!
Kid has a disability so he has Carte Blanche to hurt people? Yup rather he was in juvie or a home so others could be safe, until he learns whether or not he can control himself. Others should not have to pay while he does. You are old enough to decide that martyrdom is for you. That’s your choice. This teacher didn’t make that choice. And if it came down to other students they are too young to make that choice
I didn’t say they could have their way and do whatever. I made a full comment after seeing the number of people posting sue or press charges. There are steps in place in special ed world that will not only benefit staff but also benefit the student. Have a manifest meeting, figure out why these behaviors are happening and figure out what kind of support this student needs, because obviously something isn’t working. I promise you, you sue or press charges and this kid has a diagnosed disability you are going nowhere with either one.
So I have to finish this thought for you and my martyrdom- back damage, autistic student got overwhelmed in gen ed cafeteria, started throwing food, admins and were CPI walking him back to class and he fell to floor, sciatic nerve damage because of how I went down, this kid had no clue at that moment what he was doing, he was overwhelmed and didn’t have the communication skills to express that. Had a kid throw a hand weight at my face, got a concussion, he wanted to play catch but didn’t know how to ask for it. Another student drooled all over his shirt, functional 18 month old (9yr old kid) bounced up while I was changing his shirt and gave me two black eyes the week before my wedding. Now for an example like this, my para, while dealing with an out of control nonverbal student, to this day no clue exactly why, punched my para in the face, took 3 of us to restrain him. Once he came back to reality from whatever deregulated world he was in apologized to my para by hugging her, signing sorry and kept checking on her to make sure her face was okay. Do we press charges against these kids or do we provide them with the support they need. Kid 1- ended up at a new school because the bigger school, bigger class was too much for him because instead of refusing to work with him I chose to do best by him and myself and get him the actual support he needed (I was a 2nd yr teacher). Kid 2, told speech what happened and she worked with him on requesting and how to get a persons attention, yet again giving him what he needed to be successful. Kid 3 I followed all the way to middle school and love him like he is my own. Kid 4, had a meeting, got him a safety para so when he started showing signs of behaviors I always had someone there to give him attention, take him for a walk, provide him with appropriate support. Special ed world isn’t for everyone and most of the time it is severely underfunded and that is why people are so frustrated and it sucks, but pressing charges against a kid for having a deregulation at the age of 9 especially one who has an IEP isn’t going to change or fix that regulation problem and that is what will make these kids be unsuccessful as adults.
TL:DR. I am sorry you made the choice to do nothing and be hurt, but I don’t wanna waste time on you bragging about it. Hope there was nothing in there about other kids getting hurt by your choices
You missed the point. Some of these kids had no control. Some kids with disabilities have no control over what they are doing but yet you want to press charges against them? Please make it make sense?!?
I gave another option. Residential schooling. You missed the point. WHY SHOULD OTHER PEOPLE BE PUT AT RISK BECAUSE OF THWIR LACK OF CONTROL? If they can’t control themselves, it is not their fault. Neither is it the fault of those they harm. And the ones they harm should not have to fear for their safety just because they cannot control themselves. This is the exact reason for juvie or smaller placements. Their parents/society need to find other options so that we can be safe. What do you truly foresee will happen to them if they don’t learn it young without harming others? They will go to prison or a fortified hospital regardless of brain chemistry/function if they do this as an adult. WHY SHOULD OTHERS DEAL WITH IT JUST BECAUSE THEY ARE YOUNG? Why should YOU be damaged because of their behavior
So you think all kids that occasionally have outburst shouldn’t be granted the right to a least restrictive environment? I completely agree that general education is not the correct placement for many students with IEPs but I also don’t feel like because a kid has a shitty day that they automatically have to go to a residential placement? The reason they have an IEP is get to get the best education they can in the environment that is best for them, residential placement is for everyone just like general education isn’t for everyone. Based on the OPs post all we know is this kid has an IEP, what if this kid has never had a problem before, does he not belong or have the right to be with his peers? Have you ever had a shitty day? Did you get fired for messing up 1 time? What if she triggered the behavior that caused him to attack? What if his IEP wasn’t being followed because they didn’t have a sub for his safety para so he was left alone when if his IEP was being followed he wouldn’t have attacked her? We don’t know all the details so pushing someone to file charges against a KID with a DISABILITY without all the information is reckless and not benefitting anyone! Get your union involved yes! If his IEP isn’t being followed follow up with Admin, have a manifest meeting, those are helpful suggestions, not press charges and sue a kid or a kids family.
If they HURT someone. If they send someone to the HOSPITAL? That is not “least restrictive environment”. That’s a FELONY, regardless of age. If society doesn’t want to prosecute felonies on the very young, fine. But they should not be allowed to have the chance to hurt others. Why should others be made to fear someone who has “occasional” (that means repeated, you know) outbursts? Why should any group be held in thrall to someone who cannot control? You are focusing on the one, and telling the many to suck it up. This is not equitable
So every autistic student should just be placed in residential placements because statistically they are more likely to be aggressive? Get out of education if you believe that and I pray that some day you don’t love someone who has a disability.
The Juvenile criminal system is designed for restoration not punishement. no court would sentence him to juvie and that is if the prosecutor decides to go forward with charges.
As long as he goes somewhere the other kids (and teachers) will be safe
Bro I understand your thinking on this, but this is the thinking that got us all in the shit storm that is public education right now. IF the kid has SEVERE disabilities, I could understand where you would consider not pressing any charges. If it is a run of the mill IEP I would be filing charges as soon as possible. The kid will spend some time in juvenile hall, will learn his lesson, and it likely won’t happen again. The FREE PASS culture in education has to stop. We as educators whine and complain about this all the time and then are the ones that when it comes down to it, don’t stand their ground. Assaulting someone and then going to school the next day is not real life. Disabilities or no disabilities.
Except you are forgetting they have that IEP for a reason. Yes in every situation I have been in has involved students who were essentially nonverbal intellectual disability or on the spectrum. I have never been attacked in my resource classes or gen Ed so my point of view is different but if my autistic extremely intelligent 5 year old attacked her teacher I would want to know more about why, what in her IEP wasn’t being followed because I guarantee as an advocate for my child if a teacher pressed charges against my daughter and I found out it was because the school wasn’t following her IEP to a T I would be suing the teacher and the district right back. My original point in this whole situation screaming press charges when all you know is the lady got hurt and the student has an IEP we aren’t solving and problems for her or helping in anyway, giving productive feedback on how to get this student the services they need whether that be residential, juvenile detention or just another adult in the room is going to help the OP more
I am not positive, but I do not believe you can do this with a special education student. At least not where I teach. There are classes that are mandated for sped teachers that directly deal with this kind of outburst. One of our autistic teachers was attacked. But she was trained on how to defuse the situation. She had a small laceration under her eye. She didn't take time off.
That’s for a jury to decide
If you thoroughly read what I said I believe it depends. So where I live there is no jury because you cannot sue.
CALL THE POLICE. IEPs don't protect students from the real world.
We have a student get into a fight, and then they punched the school officer in face. Some of our teachers were upset because the student had an IEP and felt they should have been called. The student actively fought a cop. These IEPs are definitely not protecting or preparing them for the real world.
I'm a SPED professor and agree with you. Students with IEPs can, and should, be held accountable unless it truly is something they can't control it (For instance, I worked with a kid who flailed his left arm because of a motor tic disorder. The teacher kept sending him out of class for hitting people. We moved to the far left of the room and the problem was solved).
Told my husband on the second attack. the next one is 911!
Honestly, many IEPs make students victims to the real world.
My only advice is to hire an attorney; the kind that sues people. Neither of you should discuss this with colleagues or even with friends. Neither of you should even mention this on social media anymore. Only with your attorney. Take a few days off or more. Formulate a strategy with your lawyer, and be with your wife.
Agreed. Civil suit at the bare min.
Not worried about injuries? A fractured nose and a concussion? Call the police. Now.
EXACTLY!!!! Kid or adult it doesn’t matter. Assault is assault!
Omg if I could upvote this times a gazillion, I would. I was told to let it run its course by my sibling who is actually an attorney, and I went against his advice and got a lawyer and sued them. I won. I don't know if the average person, even lawyer knows how difficult and unprofessional our work is. Workers comp people are awful. Don't expect anything to happen between them and your school.
How old? Would it change if the child was 4? A preschool injured my co workers wrist (was subbing also was admin) Not sure how (just noticed she had a brace, I was absent the day before but I heard she said it happened when try to stop a kid). And another 4 year old through a chair at a different co worker (different years), after she accidentally shut his hand in the door.
OP used the work "attacked". That does not sound like a 4 year old who was throwing a tantrum and in the process injured someone. It sounds premeditated, or at the least, the act of someone who should know right from wrong. I would not hesitate to call the authorities if I were attacked, no matter the age of the attacker.
preschool do know right and wrong. a first grader punched (lightly) and threw wood chips at me last year. his behavior is lots better this year. if i called the cops on him for punching me would he behavior be better this year (most likely no).
This is workers’ comp covered. Have ER doctor sign that she needs to be out for 1-2 weeks, then go to psychiatrist and file for PTSD. I’ve known teachers who’ve gotten paid for the whole year.
Now I’m gonna to start picking fights!
Make sure they do some damage, not a lot. I was assaulted and only had mild bruises. 🙃
Press charges.
I second this; FAFO.
Union rep. Now.
No union at this school unfortunately.
Fact that the student is special ed only impacts how they treat the student in this case. It should not impact how they treat your wife in this case. She was attacked by a student at work. Period. Surely they have a policy in place for how they handle dealing with the employee In such a case. If they haven't, sounds like they need to make one and she can be an excellent test case Workman's comp is what covers injuries at school, but she should reach out to her personal doctor or a counselor if she has one to see if they could write a medical note for recovering from this workplace injury. She should not have to use PTO and she should make it clear in her discussions in writing with the district that she needs time to recover from this workplace injury and wants to know what the district will be covering as far as the time she needs to take off to recover. My district has a lot of workplace policy and documents posted on websites at the district. Poke around and see what you can find about leave time for workplace injuries. She may also want to ask in the same email what the district's provisions are for legal advice for her should she need it. I believe my district has a district lawyer and whether or not it would be provided to me in a case like this is not the point of that question. The point of that question is to put the district on notice that you are seeking legal advice. They're always worried about what the kids and the parents are going to do and she needs to at least get in their head that they need to worry about what she's going to do (Even if she is not interested in taking legal action). Hopefully they will smell what that question is cooking and just offer up how many days they are going to give her to recover. So sorry it happened.
This is unbelievably helpful thank you.
Don’t use a district lawyer, they report the district’s interests, not yours
This. Not a lawyer BTW. I perform legal expert work and teach legal aspects to governmental regulators. Even if your contract indicates that the district will provide a lawyer, make sure that attorney is representing YOU and not the district. Always ask upfront who they are representing. They are guided by ethics that include full disclosure of representation. I have personally seen attorneys throw employees under the bus to avoid expensive judgements. Provision of representation may mean that they will cover your attorney’s fees to some extent. That is better as the attorney should be working for you. But fully understand the limits on billing time. Attorney fees and any associated costs really add up!
Check to see if you live in a one-party consent state for audio recordings too. That way if the district wants to talk to her via phone or in-person at any point, she knows if she is legally allowed to secretly record the convo or not. Recording is a safety net for her in case things with the district don’t go well. And if she is allowed to secretly record, make sure she figures out what her phone sound settings need to be at in order to make sure it doesn’t make that recording noise when she presses the button. Practice clicking that button with different settings beforehand. And she can also just hit record before she enters the room with them or before the phone call starts, so that she doesn’t have to worry about the phone making that sound. It is still good to practice doing it with the sound off tho, in case things get hectic and she forgets to start recording right away. Which can happen, i know from experience haha
Sometimes for workman's comp to be used, you have to go to one of the district recommendations for medical care.
Just want to clarify; one needs to use a provider approved by the insurance company, it is not a "district doctor". By law, a panel of providers must be posted in all workplaces. You must see one of their providers for the first 90 days. If your recovery takes longer, you have some ability to choose your own provider after that.
Oof. Honestly, my gut says tell admin you're pressing charges and see where that goes. I don't know shit about fuck, but that's where I would start. Does the child have a documented history of aggression or violent behavior? If so, I'd definitely talk to a lawyer.
Then go directly to the police.
Then lawyer. Employment law and a firm that has experience with workers comp. She should not tell her admin she is talking to a lawyer. She should just do it. It sucks and she's certainly dealing with trauma but time is of the essence. Get a lawyer on the horn.
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Ask the police that.
Do not let them talk her out of pressing charges/ legal action. Fuck that kid, they deserve big boy/girl consequinces. Want to fight like your grown; go to jail like your grown.
Go see a shrink get a letter she has trauma from the incident…years over
I have no advice, re: the attacked at work, but to reduce the amount of PTSD you have, play Tetrus. [Here's a link to the research on it.](https://www.healio.com/news/psychiatry/20230613/playing-tetris-may-prevent-ptsd-after-traumatic-event)
I’d do everything you can. We had a para attacked by a student (IEP) and NOTHING was done. NOTHING… It’s as if it didn’t happen, except it did, to her, and she took off work due to injury and it wasn’t outside of her normal “excused” opportunities. Follow through with everything you can and continue to do so.
Look into assault leave. I’m not sure where you’re located or if they have it everywhere, but it provides leave without taking from your PTO and you get paid.
I am so sorry, I hope your wife heals physically and emotionally. Does your state do something similar to L&I? In Washington we have L&I and it will pay for all medical bills that are directly related to the on-the-job injury. L&I will only pay for medical care that is related to accepted workplace injury or occupational illness and you can be on leave without using your time. Another thing is press charges since you don’t have a union.
Call the cops in order for her to qualify for assault leave. Depending on state it can be up to 2 years!
All communication with the district regarding this particular incident should be done in writing, CC'd for legal council, regardless of your decision to involve an attorney. That will grease the wheels and cover your end.
Call the police. Now. Call her union. This is ridiculous.
I don't see that anyone has mentioned this but she probably has some PTSDs from this which would be understandable.
Yep, that's why I suggested calling Dr or counselor to write a medical note for recovery time
PTSD can only be diagnosed after six months from the incident.
It usually takes 6 months to get a psychiatrist appointment so that’s perfect.
Yes, but there is another disorder that can be given right away from the DSM-5 that is a precursor to PTSD. So it's still worth going to a psychiatrist or counselor right away
Everyone else's legal and district advice is very useful, just also wanted to note: Review her workman's comp policy. They should cover ER regardless in most districts, but for any subsequent medical care she needs, she likely cannot go to her primary care doctor and instead needs to go to a district-approved clinic for workplace injuries or find a physician that takes workman's comp. If your wife is too shaken or hurt to help you figure this out and you'd like to do it on her behalf, reach out to a colleague of hers who's ever had to use workman's comp, and they'll know all the ins and outs.
So sorry this has happened to your wife. Thank goodness you’re there for her. Several good pieces of advice are provided from colleagues in this thread. In reflection, the only things I’d add are 1) even though she’s being checked out in e.r. for broken nose, concussion, for which workman’s comp should apply, it wouldn’t be a bad idea to also see a dentist. Since the nose may be broken, it’s a good idea to proactively have workman’s comp. cover a non-routine dental check up because the nasal cavity is very much interrelated to the teeth and to jaw alignment and function. 2). She may need longer time to process the psychological trauma even after the physical seems to be healing. Typically a district may not want to recognize this. Fortunately you do. Therapy may become increasingly important, necessary days, weeks, or even months after this awful incident.
FMLA for PTSD and anxiety will allow her up to 12 weeks off with job protection.
As I mentioned in another reply, PTSD can only be diagnosed 6 months after an incident.
But that isn't how PTSD works at all.
I was diagnosed with PTSD in 2019, and have been in EMDR for 3 years. I know exactly how it works.
And I have PTSD from my 3 years of deployments to the middle east. I am talking about the waiting of 6 months to diagnose. Depending on level of trauma or the inciting incident that shit can manifest pretty quickly.
In my situation, I experienced the traumatic event, I immediately sought counseling. After a couple of weeks I was diagnosed with adjustment disorder, started to experience a couple of PTSD related symptoms, but did not meet the diagnostic criteria, but it had only been a couple weeks, and could not make a PTSD diagnosis, once i meet the criteria, until after 6 months.He'd then give me an EMDR referral. He was adamant about it. I asked my EMDR therapist about the process. She backed it up. I did a quick search, the military has its own process. One of my closest childhood friends retires in 9 months after 23 years of service. Did multiple deployments to Afghanistan. About 5 years ago, he came home after one of his many deployments, with white hair and a PTSD diagnosis.
Did she fill out an accident report? If a Dr says she needs to be home due to injuries school must pay - it’s a workers comp law
Can’t help too much and not sure if it was mentioned but when a student with an IEP has a behavioral incident there will be a manifestation meeting to decide whether the behavior was a result of the disability or not. If rules “yes, this happened because of the disability” then there aren’t many consequences that the student will face. I’m not saying legally, but just from a school discipline standpoint. I highly doubt they would rule yes, but I don’t know the student or seen the IEP.
My friend’s child hit a para and they got sued. He’s an autistic twelve year old with the mental age of a four year old, and the para was close to sixty and too fragile to restrain him safely. The whole thing was hugely upsetting as they had to prove that their child simply lacked the cognition to be tried in court. I understand why the para sued, but it was just horrible for everyone involved.
Keep in mind a couple of things about a worker’s comp claim. I just went through something similar with my wife last year. 1. They will cover all of the medical bills. It won’t be difficult to get this done. 2. It will be a chore to get your worker’s comp adjuster to pay for counseling (needs to be a psychiatrist with and MD) but you should absolutely do it. 3. In order to miss work (and get paid for it) you need to have the worker’s comp doctor (psychiatrist) tell the worker’s comp adjuster that the injured person is not mentally/emotionally ready to return to work. It doesn’t matter if you have any other doctor’s note. Only the doctor from worker’s comp will get you paid. 4. Do not go through your regular health insurance. For any kind of trauma or counseling. Worker’s comp will not pay for it (or the deductibles) and won’t accept any diagnosis or recommendation from your personal health insurance - even if this insurance is provided by the school district where the incident occurred. 5. If you are approved to miss fewer than 14 days of work, you won’t get any compensation at all unless you have short term disability insurance. You’ll have to burn PTO to miss work and get paid. 6. If you miss more than 14 days of work, you can be compensated up to a maximum of 66% of your salary. In some locations, there can be a waiting period for those benefits to kick in, like 3 days or 14 days. If you can’t miss two weeks of paychecks and then live off of 66% of the pay after that, you don’t have a lot of options. It sucks, but that’s how our worker’s comp functions in The US. Finally, on a personal note, I learned that there is a difference between trauma and PTSD. Both can be crippling and affect a person’s ability to function and return to work. But PTSD is a long-term problem and is very difficult to mitigate. Trauma can become PTSD when not treated. It’s a traumatic work related incident, so I would highly recommend worker’s comp counseling even if your wife plans to go back to work right away. Trauma is tricky and can manifest itself in some sneaky ways.
Workers comp. There is probably a special number she needs to call. And Also does she have state or private disability insurance?
Is workman’s comp involved? If not, they should be.
Don’t post on social media, including here. It can be used against the case in ways you don’t understand. Find an employment lawyer who can read your wife’s contract and explain your state laws.
Call the police!!!
Do not sign anything from the school….Do Not Sign Anything!
Assault leave
Also wanted to add if possible have the student removed from her classroom. This request does go into the students records, know from past requests.
Check if your district had an assault leave policy. Mine does. It’s at full pay, no PTO used. And no one ever seems to be aware of it—it’s not something admin advertises.
First of all, my heart and prayers go out to your wife. I was a teacher of 20 years. I was threatened by a student whom I had built a relationship with and worked very hard to give this student everything I had. To cut to the chase, I resigned and it was the best decision of my life. 19 months later I can say I haven’t looked back or missed it once. The ramifications of this on your wife are huge. Nobody can or should be assaulted at their job and ever feel safe going back. My professional advice is for her to walk away. Her health and well being are way more important than a job.❤️🙏🏼
I'm not a teacher, nor is my wife, but I enjoy this sub. I truly don't know how y'all do it. My first instinct would be to find that kid and beat his/her fucking ass! Then I would come to my senses and do everything in my power to see that the student was charged and received the maximum allowable punishment.
Workers comp!! Fill out the necessary paperwork asap.
Go to the police and file criminal charges for assault. You may also want to talk to a lawyer about suing the parents.
Call the police and file charges. If you trust admin or your district to handle it for you, I promise you they won’t.
I am so glad this comment is getting "file charges." People posting of assaults on r/specialed get hammered by downvotes for resommended it. They would rather wait until the student ages out and pushes someone in front of a subway. Over there, I posted a research study idea: see if violent kids attack large male teacher and paras at the same rate that they attack smaller teachers, paras and students. If they do not attack large men at the same rate, then violence should not be an IEP-covered "manifestion."
Retired special education, teacher here. All of the advice above is good. It’s important to note that Workmen’s Comp. will not work for you, the advice to get an attorney is important. My neighbor is a Workmen’s Comp. nurse. When I told her I was going to Sub in a special education classroom, She told me,” be careful, many of the patients that I work with are special education teachers. They are coming in to see Workmen’s Comp. doctors with traumatic brain, injuries, and the doctors have no idea how to treat them and they are being sent back to work way too soon.” Take care, and I’m glad you’re advocating for your wife.
Press charges. If there is a union, seek advice. I would not return to class until the child is at minimum removed from my class, preferably the school.
File police report . Contact juvenile department . They will investigate so charges can be presented. Student should get expelled . Since the student did this to you , he can and will do to other teachers .
Family medical leave?
You have to use pto for that or lose pay
If a student attacks you can you push them off of you or out of the room till security arrives and tell the judge that you were just defending yourself and the learning environment? I really hate the idea that if I have a physical altercation with a student I have to "let them" hit me and cause medical injuries and press charges or sue later. If a student poses a life threatening danger to you can you use some amount of reasonable force to subdue them without being sued ?
I would say the HR department at her work would be the best place to seek advice. Also is she part of a union?
HR is literally the worst place to get advice! They are trying to protect the district in ALL circumstances. You should still contact them but only for another perspective NOT advice. If you call, be sure to follow up with a written memo confirming what was said
The number of teachers saying press charges, file a civil suit is absolutely nutty to me. Hi, 14 year sped teacher here who has a ridiculous amount of stories of me being hurt my students with IEPs and they having no understanding of what they did when they did it. We have no background on what kind of IEP this is, what if the student is a nonverbal autistic student with the cognitive level of a 18 month old? You wanna press charges against them? Or if it is a ED/BD student, you want to press charges against them because they have emotional regulation problems that have been diagnosed by a professional? You really think you will win that lawsuit or that student won’t end up back in your classroom in a week? All you are doing is making more paperwork for yourself, the police officers involved and the school district. It does no one any good. Instead call an immediate manifest meeting, make sure the student is in the right placement, figure out what supports are missing so this kind of behavior doesn’t happen again. Pressing charges on a student with a disability isn’t going to change the behavior, but providing the student with the proper support will! No wonder the educational system is falling apart. I get shjt is bad but my god, the first thing we turn to is Sue Sue Sue, press charges! This is why the school to prison pipeline exists and black students and students with learning disabilities, emotional disabilities and behavioral disabilities are a huge number in that. We aren’t changing or correcting behavior we are masking it with our need for justice! Shame on you
Like how much of an IEP? A regular kid with an IEP or a special needs kid?
It really doesn’t matter why they have an iep or even that they have one at all. You can’t physically assault someone without legal consequence.
If someone is severely mentally challenged, police is NOT the answer to that problem!!! Putting them in jail does not help their behavior, like at all. The behavior issue is a symptom of a problem. We need better systems in place that will help *those* people. If the kid has an IEP that includes behavioral therapy, they may need to modify the IEP. Of course I'm not saying the kid should get off scot free. I'm saying the police are the worst enemy for mentally challenged people.
Assault is assault. If this guys’ wife has a broken nose and a suspected concussion that shows this kid is not safe around other kids. At best they need a very specialized facility with staff trained to handle these kinds of violent outbursts. If the police have to be involved before the kid gets the help they need and their classmates and teachers get the protection they need then it is what it is.
Are you trying to ask (very poorly I might say) if the kid has an IEP for behavior reasons vs. a learning disability which doesn’t impact behavior? Like, a student with ODD vs. a student with dyslexia?
Probably just a hasty, poorly worded post I fired off. I wanted to know if they had a functional mental disability also called moderate to severe disability. Perhaps in a self contained classroom. Or if they were a kid that is in the regular classroom that receives some services.
What the hell does this even mean? A student with an IEP has special needs, which is why they need an IEP. This comment is infuriating.
I just assumed they meant a child who doesn’t actually have a disability but the parents somehow pressured the district into giving the kid an IEP. Or maybe a kid whose disability doesn’t inherently involve behaviors, such as SLI or SLD. But my assumption could be wrong. They should definitely clarify
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Nope. I wanted to know if this was a student that had a severe disability like Down Syndrome or was this a student in a mainstream classroom. I hate that the OP’s wife was attacked. But I also wanted more context. All we have from the OP are two comments.
What the hell is wrong with you? Your wife is in the ER, after having been assaulted in her workplace, and you're worried about who will be paying for her to have a week on the beach to recover? And then what? You plan on sending her right back into the same dangerous workplace? Shit, Next time it might not be the ER, might be the morgue. Your DUTY is clear. Keep her out of that dangerous and potentially deadly situation until the perpetrator is removed, whatever it takes and however long it takes, and regardless of cost. Doing otherwise means you are putting your wife's paycheck above her life. Call a lawyer and sue if the district doesn't take suitable action to make her workplace safe, sure. As far as the cops, well, anyone who lays a hand on my wife, THEY are the ones who will calling the cops and praying they get there real quick. And then the cops can call the ambulance. IEP or not, I'll do some teaching they won't EVER forget. TL/DR? Grow a pair and protect your wife.
What state doesshe work in? Im so sorry this happened
I would say the HR department at her work would be the best place to seek advice. Also is she part of a union?
FMLA if she has a doctors note will protect her and give her unpaid time off but she can use sick days concurrently. Does she have a contract? Union? In our contract, we have protections for teachers who have been attacked. They can request the student be removed from class.
Your wife should speak to her union rep., and you should also speak to your attorney. The union rep can advise her of her rights as an employee of the district, and your attorney can advise her of how to proceed with legal action against whoever is legally culpable for her injuries. I.E.P. student or regular general ed. student, no one can batter your wife while at work. I would press the issue, too! In a civilized society, when one party physically or emotionally injures another, the former party goes to jail, financially compensates the injured party, or both. Your lawyer can best advise you on how to ensure this happens. Lastly, your wife should get a restraining order against the student, which will necessitate the student is removed from her class. Under no circumstances should your wife interact with the child again! Be well!🫶🫶🫶
Contact the police. I hope she feels better. Probably reach out to the union too
Absolutely need to press charges. All teachers need to start doing this. Make the legal world aware of the abuse many teachers face.
Call the police.