Re: court date - Can you send this back to RM?

[Guest guest]

I strongly second everything that has been said below.........although a teacher has the RIGHT to press charges for battery or assault, mostly they do not b/c its like pressing charges against a blind person for not being able to see. My son has hit, bit, struck, pinched, pulled hair, drawn blood even and I would have been appalled had any of those teacher DARED to press charges! The childs behavior is a manifestion of his disability. That is a line you want to etch into your mind. Do get yourself an advocate (google advocacy center florida, i think they changed their name but you will find it, free services), google other disability rights organizations, maybe even ACLU. Does the child have an IEP? If so, you may have a defense right there in that in the IEP he may have accomodations or a behavior plan that was not being followed properly.......if not, this would be the time (after this ordeal), to have a good IEP meeting. the IEP is a document that is important on so many levels. Please feel free to email me off list if you'd like. Best of luck.

Clara

From: perel1258@...To: sList Sent: Saturday, August 13, 2011 4:40:42 PMSubject: Fwd: court date - Can you send this back to RM?

Dearest RM:I don't know all the facts of your son's situation other than a teacher took away a puzzle (while he was working on it) and he reacted by "striking" her?, I don't know your son's age, or what is in his IEP, or if he has an IEP or 504 Plan; but, the one thing I do know, is that he needs to be protected from the Criminal Justice System. I would suggest that you locate a Disability Rights advocacy group in your area who have attorneys on staff; I would suggest you find a Special Education advocate; and I would suggest that you make sure you are getting all the information from all parties. Do not allow your son to be alone to be interviewed by anyone from the District Attorney's office (or school, or anyone!), most importantly, do not let him waive his miranda rights. Be sure that he is assigned a public defender that will allow you to be with your child at all times during their conversations with him; if you can get a highly recommended attorney who is known for advocating for children, especially children with special needs, do so. If this teacher did not have specific training on your son's area of disability, I believe the school must take responsibility for causing this manifestation of your child's disability. A good friend once told me, and I have found it to be true, "actions are communication." I am praying for your son, and your family. I know how helpless, hopeless, and scared, you are feeling right now. Do all you can do to be sure that his "disability" isn't criminalized. Check also for advocates that assist adults with special needs - leave no stone unturned. I don't know what kind of related-services (meaning occupational therapies, speech language pathologists, prevocational, counseling, etc.) your son has been receiving in school; or if you have every received any instruction and/or training from the school with regard to his disabilities. Do you have an "autism" consultant in meetings with you when you tried to put an IEP or 504 Plan in place. These are things the school is supposed to provide. If your son was unable to communicate that he did not wish the puzzle to be removed; and the teacher did so, without considering his inability to communicate that - I think this may be very important aspect to defending him in this situation. These are just thoughts that you may wish to ask of those you speak to, as you round-up defenders and advocates for your son. Don't give up. DA