QUESTION
What can I do if my special needs son has been assaulted at school?
Asked on Mar 22nd, 2012 on Personal Injury - Michigan
More details to this question:
I have a 21 year old non verbal autistic son. He had a bite/pinch mark on his arm in October of 2011 from school. It was documented on paper, and was believed to have possibly happened on the school bus. He now has a large welt/bruise on his arm from either a pinch or a bite. Someone used a lot of effort to cause this injury to his arm. What steps should I take with the school district? Is this a criminal matter as well? Should I get medical documentation of his injury for future recourse? Please help, as I want to make sure this abuse stops.
15 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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It sounds like an isolated incident. But, I would make sure that you're very vocal about it and insist on a thorough investigation so it doesn't happen again.
Answered on Mar 26th, 2012 at 3:11 PM
Criminal Defense Attorney serving Alexandria, VA
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Michael J. Sgarlat
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It is criminal because in Virginia any unwanted touching is an assault/battery.
Answered on Mar 26th, 2012 at 1:06 PM
Bruce Arthur Plesser
I would demand a meeting with appropriate school officials first, then pursue legal remedies.
Answered on Mar 26th, 2012 at 9:43 AM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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You need to document this with photographs and medical records if you took your son to a doctor or hospital. Call the school and ask to have a meeting with the principal about this. If you do not get anywhere with him/her, go to the County School Superintendent and, if necessary, your member of the Board of Education. Injuring a non-verbal, autistic child is pretty low. The culprits should be found out and punished harshly. Yes, this is potentially a criminal matter.
Answered on Mar 23rd, 2012 at 6:04 PM
Probate Attorney serving East Hartford, CT
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Leone, Throwe, Teller & Nagle
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I can't give you advice for your specific situation without more information. However, a general approach to similar situations would be for the parent to start with reporting the matter to the police, and in writing to the school and the bus company, and asking all of them for an investigation. Then if the results are not satisfactory, the parent can ask the school (again in writing) for a specific plan to be put in place to safeguard the disabled child from future harm. If no such plan is forthcoming, there may be various remedies and it would be a good idea to consult an attorney who is knowledgeable about school law to understand them before proceeding.
Answered on Mar 23rd, 2012 at 6:02 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It is probably a criminal case. Unfortunately, you need a suspect. It should be reported to the school and perhaps the police. Hopefully the school will more closely monitor your son. It would be helpful to get medical documentation. The school likely has as much interest in preventing this as you do. It would be best to avoid being accusatory toward them, or pointing fingers at them. Rather express your concern in a way that lets them know that you are not blaming them. If you point fingers and blame them, they will be less likely to help you.
Answered on Mar 23rd, 2012 at 5:35 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Document each one. Report it to the school.
Answered on Mar 23rd, 2012 at 11:41 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I don't believe there are guarantees in the system. Obviously you need to speak to all adult principals: the teacher or teachers, bus driver, principal or headmaster and the board of directors. Document everything y9ou do with care. You may have to prove what you have done later.
Answered on Mar 23rd, 2012 at 11:40 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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Governmental agencies are immune from suit and since you don't know who did it, you have no one to sue.
Answered on Mar 23rd, 2012 at 11:37 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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The problem is that it is difficult to accuse the bus driver of not providing adequate supervision on the bus, because he's (or she's) got something else of greater important to do: drive the bus and avoid accidents. In order to recover against the school board, you would have to prove that an employee of the school board either did something a reasonable person wouldn't do, or failed to do something a reasonable person would do. Since we're having so many budgetary problems due to the economy, and so many cuts to the school board's budget, it would be hard to convince a jury that the school bus driver should have been paying more attention to the kids on the bus than the road, or that the school bus should have had a "sergeant at arms" on board the school bus to keep occurrences like this from happening. It would not hurt to get medical documentation of these injuries, and it would help if you could find out which child in particular caused the injuries, as you could make a claim through that child's homeowner's insurance. If you report the problem to the school administration, then they are on notice of this occurrence, and it would place an additional burden on them to try to prevent a reoccurrence.
Answered on Mar 23rd, 2012 at 11:30 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Take pictures of the wounds. Report it to the police. Don't waste time going to the school officials. They are likely to say a lot but do nothing.
Answered on Mar 23rd, 2012 at 11:29 AM
davida francis
That's certainly a frustrating situation. Much like abuse we've seen in nursing homes, the improper care of loved ones in any setting violates the accepted standard of care. An attorney can help you decide how best to handle the situation so that it not only stops, but so that it will hopefully not happen to anybody else.
Answered on Mar 23rd, 2012 at 11:21 AM
Slander and Defamation Attorney serving Tucker, GA
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Law Offices of David W. Hibbert
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Documenting the injury with photographs will be helpful. If medical attention is required , get it. Can we assume you've reported this to the school authorities and the bus driver ? Yes, it may be a criminal matter if is the result of bullying or an intentional assault. However, this could have been some mutual horseplay and the school authorities, principal , teachers , bus drivers need to put a halt to it before serious damage occurs.
Answered on Mar 23rd, 2012 at 11:04 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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With the school district, meet in person with the principal, the director of transportation and someone with the Board of Education. Let them know that your main concern is that this not be allowed to happen again. Perhaps they can arrange for a monitor. Many busses have cameras on board. Find out if your son's bus had one and if there is a tape. Request that from now on, your son's bus have an active camera. Contact your local District Attorney's office to report the assault. I doubt they will do anything, but if it happens again, you have a record that it happened before.
Answered on Mar 23rd, 2012 at 11:03 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It would appear that your son is being assaulted at school, you should document his injuries and also bring it to the attention of the school and school bus service. A notification should be in writing and provable in the event that the authorities in charge of the children do not provide adequate supervision and allow your son to continue to be abused knowingly.
Answered on Mar 23rd, 2012 at 10:54 AM