I live in Florida. My son is seven years old. The principle told my son to write a statement. When I asked my son if she (principal) explained to him that he didn't have to if he did not feel comfortable he said, "No. She told me to sign it and don't worry about the top." The top of the written statement form states as follow:
...having been advised that I need not make this statement, declare that the following statement is given freely and
voluntarily, without promise to benefit, or threat or use of force or duress, do proceed to state as follows:
My son has been bullied for some time now. The school did not address any of my concerns in an appropriate manner even after providing written documentation on what was happening to my son. I went to the school to address my concerns and had to call the police to have a report written. A few hours later the principal called and seemed so pleased to tell me she has suspended my child! In the statement my son stated that the child who he eventually hit was bullying him and another child.
Neither of the kids who have been bullying my child was reprimanded.
Not if criminal charges were brought. However, it would be unlikely that any criminal charges would ever be brought against a child age 7 or younger because they have no developed concept of "right and wrong". More likely any child injured in such a situation would have a claim for negligent supervision by the adult in charge.
As for the education issue, presuming that it can be proved that the Principal suspended your child as stated, then you have a claim for retaliation for advocating for your son's right to a FAPE (Free and Appropriate Public Education). If your child has an IEP and/or 504 Service Plan, then seek help with a parent education attorney; particularly if the suspension is for 10 or more consecutive school days.
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