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

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


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 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.

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Thank you so much, great advice!


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. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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You really suck at giving advice, please don't quit your day job. You have been giving people on here horrible advice. I hope the owners of this website take you off. Thanks for no help!!!!

Christine C McCall

Christine C McCall


As a parent who has (twice) traveled the special ed path from pre-school through college, I know that you have many serious and mandatory legal skirmishes and full-on battles ahead of you. And I know how soul-wearying and draining the process will inevitably become, long before you can see the (hopefully successful results) at the end of the special ed journey. You will inevitably come to recognize that some issues require you to seek out the services and assistance of lawyers, but many do not. Many are better handled by drawing on the skills and training and experience of others with success and skills in disciplines other than law. Your anger at me is what shrinks call displacement, and no harm done. I rather suspect that Avvo won't fire me from my for free work here but I can weather that if it comes to it. But, give some thought to this: you have a long challenging and difficult road ahead of you, one where the stakes are surpassingly high and critical. You are going to need -- more often than you can possibly imagine -- the good will and kindness and benefit of the doubt from others, and some of those others will be people who don't agree with you and people who will tell you things you don't want to hear. Your child and you, both, need for you to develop and bring to bear the skills and the temperament to navigate the school years in a way that maximizes the efforts that others are willing to make on your child's behalf. Flashing venom at the slightest most inconsequential provocation is a technique that will, in the long run, cost your child the extra care and effort of many who can make a real difference over the course.

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