Son with Disability Bullied by Teachers...

by Wendy
(Surprise, AZ)

Our son has epilepsy with (non shaking) seizures. His teachers understood what he suffered from and we have a 504 and an IEP (Individual Education Plan) in place. They are not following either of the plans. He has called us and then put the phone in his pocket so we could hear, and we heard the teachers tell him to shut up, stop talking (when he needed direction after a seizure) and threaten to smack him.

Then it turned into barricading him in an office, and after letting him go (we were on his cell listening) they blocked him from getting back to class and chased him all over. The amount of emotional trauma has been too much. I've had to miss work also after hearing his teachers completely tear him apart and having to pick him up from school.

What can I do?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Son with Disability Bullied by Teachers...":

Wendy (Surprise, AZ):

It appears the school at which your son attends is one which should be investigated by the police for the crimes of harassment and assault.

Common sense though tells us there may be two sides to the story.

Certainly if your son is having all of those horrid experiences you should have removed him from the school some time ago. Using him as "bait" to catch the teachers abusing him, especially in light of his epilepsy, was a terrible decision.

Why you would expose him to additional abuse just to make a point is difficult to comprehend.

If you have decided to continue to expose your son to those horrid abuses for the sake of pursuing a legal claim against the school you are in for a shock. As soon as a judge or jury learns you relegated your epileptic son to a position of probable and continued abuse they will in all likelihood turn on you before they do the school.

You asked what you can do. Take your son out of the school immediately and find him a safe place to flourish.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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