Asst. Teacher hit my 3 yr old in face, now has Post Traumatic Stress Disorder.

Asked about 2 years ago - Knightdale, NC

My 3 year old son is in special education preschool at a elementary school, this is his first year. The Asst. Teacher smacked him in the face, she claims she accidently hit another boy... who cant talk to explain anything. But 1 month later she retired early. Now my son was diagnosed with Post Traumatic Stress Disorder and the principal wants me to let him return back to school however she says if he's crying and not cooperating that she'll have a man and woman staff member there in her words " to peel my son off of me, so I can run to the car" this class is only preschool and mon -thru from 8:15 to 11:15 am. What should I do? MY son's pediatrician has him starting to go to therapy with a psychologist and wants him to stay away from that school right now.

Attorney answers (2)

  1. Ann M. Paradis

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    Contributor Level 3

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    Answered . As a special education law practitioner, I believe this is a legal question.

    You have presumably selected your son's psychologist because you trust her. You need to decide whether to follow her advice or not.

    Assuming you do follow her advice, get her recommendations for your son in writing and provide the school principal with a copy. Ask for an IEP meeting to discuss the recommendations and your son's placement at different school/setting. Go to wrightslaw.com to learn what to do if the school stonewalls. Be prepared for the meeting, be professional, not emotional.

    Consider filing a claim for the assault with the school district's human resources department. The school district carries liability insurance and can be sued for money damages. Talk to the police about criminal charges.

    Consult a special education attorney or advocate if you need to. Your son is entitled to free appropriate public education that allows him to make progress. He has likely not made progress due to the environment at the school. In fact, he has been harmed.

    Good luck with your continued advocacy for your son.

  2. Christine C McCall

    Pro

    Contributor Level 20

    Answered . This is not a legal question. You need to decide what is best for your son. You have skilled and experienced expert opinion via your pediatrician and the recommended psychologist to assist you -- you don't need a legal analysis here.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more

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