Is this legal

[Alfred200]

My son is 12yrs has adhd and has a IEP. He got into a physical altercation with his teacher. And now he’s being charged with simple assault. Is this legal?

[capriwms1]

I’m not sure. Especially given the age. It’s worth fighting because technically he’s disabled. How would that actually hold up in court?

[Alfred200 in reply to capriwms1]

Thank you for your reply. We can never stop fighting for our children we are first and last line is defense

[mommaalmberg]

I would definitely fight it. Just like you said, we are our children’s defense and their voice when needed. I would find an attorney and ask them about it. I know that my son has been close to putting his hands on both children and adults because they antagonize him. I really hope you get it worked out. People just do not seem to understand children with ADHD.

[Jorliss in reply to mommaalmberg]

I use the word “ antagonize” as an adult but did not use it as a kid. Sometimes after a stressful day at work I have meltdowns. Gregg will then start telling me my room is a mess. Well, that is not a good time to bring that up. I start saying over and over, “stop antagonizing, stop antagonizing!” He then knows now is not the time to bring it up.

[Alfred200 in reply to mommaalmberg]

Thank you

[Jorliss]

Can you share more details? I had the same issue as a kid.

[Alfred200]

My son told the teacher F word Tutu responded back screw you and my son put him in a headlock. The resource officer was called and charge my son with simple assault battery and disorderly Conduct

[Mmagusin in reply to Alfred200]

He must be a massive 12 year old or the teacher is a complete wimp. Doesn't sound feasible. Teacher obviously not trained in defusing conflict. Teacher should be fired for escalating it. Who's the adult? I'd counter by filing a police report against the teacher for assaulting your son physically and verbally. I'd sue the school district. Get a good lawyer & find a new school with a strong special needs program.

[Jorliss in reply to Alfred200]

Thank you for sharing. I wish it never got as far as it did.

[anirush]

My grandson has a lot of problems with his language and his temper at times. The school is always telling me that a mental health diagnosis does not opt him out of suspension, expulsion, or being sent to an alternative school.

One time when he was really out of control the school resource officer told him that he could handcuffed him and take him to juvenile if he didn't settle down. Luckily settled him down quickly.

[Hidden]

Unfortunately yes , there are far two many children in the juvenile justice system with ADHD. I know I use to be a probation officer for juveniles and 90% of my caseload was juveniles who refused to take meds for ADHD, or the parents didn't want to give it to them and out of those juveniles , they went on to the adult system. 85% of unmedicated children not on medication ends in the criminal justice system. That statistics was published seven years ago. I not sure if your son is on medication, but any criminal activities, will not excused it with any mental health conditions even if they are children . According to the law, law enforcement can arrest, booked, fingerprint your child without calling you first, normally they do call the parent even at the young age of 9y/o. I'm concerned about my youngest son who is 12 with high funtioning Autism , sometimes he gets emotional and throw things, I have spoken to him about the consequences if he doesnt control himself, he's on medication and like any meds, you constantly seaching for the right one. He has been informed that police can take you to jail , the older he gets I'm considering homeschooling.

[AngelamarieQ in reply to Hidden]

Thanks for the info!

[Jorliss in reply to Hidden]

I am fifty. I was diagnosed forty five years ago. I take my medication religiously. I fall apart without it. Do we bargain with a person who needs heart medication? Why do we bargain with ADHD medication?

[Mama2braylen]

You are your childs advocate. Fight this!!!! Know your rights also.. find a local mental health agency and talk to them about your rights .. website for oregon is oregon.gov/ode/rules-and-po.... maybe you can take oregon out and type your state see what pops up.. hope it helps.

[Alfred200 in reply to Mama2braylen]

Thank you

[Shelldawn21]

It's never ok for someone to put their hands on another person. There should absolutely be repercussions for your sons actions... as well as the teachers actions. If there aren't any consequences what's going to stop him from repeating this behavior? Now, should charges be pressed? I feel thsts a little extreme. But he should definently receive some sort of punishment.

[Shelldawn21]

My BS? So you only want someone to comment if they tell you what you want to hear... violence is never ok and if your son believes it's ok to put his hands on someone, especially an adult then obviously something needs to be done. Again, I said I don't believe it's appropriate to press charges against a 12 year old for a head lock... but a suspension or something along those lines would most definently be justified.

[mommaalmberg]

This is the problem with children with ADHD, there needs to be a better system in place to prevent these incidents in the first place. My son has warned the principal that if certain issues do not stop at school that he is going to snap and either hurt somebody or get hurt because he is a small 6th grader. It is not ok for any teacher to say what they did to your child and it is not ok for your child to put their hands on the teacher like that. However, all too often teachers continue to poke children with ADHD instead of letting the situation settle and then readdressing it at a later time. My son had a female math teacher who refused to conduct herself differently with him even though he has an IEP. She would act like the child sometimes instead of the adult. I had to complain to the district that I understand that it is her class but she needs to handle my son a little differently. I could see him responding to her in a physical way as she was just too much for him but that would not have been the answer and he would have been in some sort of trouble. I absolutely disagree with him having criminal charges but, just like with our son, they still need to be held accountable and the teacher should be too. Your son, and we tell our son the same thing, needs to learn how to react and respond to things now in an appropriate matter because he will be an adult someday and he cannot respond that way or there will be criminal consequences. Our childrenwith ADHD have a tough go at life and we must always fight for them. Definitely have a tough conversation with your son about his actions and get an attorney to fight the criminal charges and bring suit against the teacher. So sorry to hear that you are going through this. Stay strong for your son!

[AngelamarieQ]

Not nice to insult other people for having a different point of view. You were the one asking for opinions.

People in this site, are all having difficulties with ADHD. Thus, read, evaluate and be polite. We already have a lot of stress to now find more upsetting situations in the place where we vent and look for guidance.

In my opinion. The teacher shouldn’t answered back the way she did. That triggered your son’s anger. However, if he physically assault the teacher, he has to be suspended and the issue addressed with school officials and mental health professionals. Pressing charges against him, is not right given his diagnosis.

Hope he is in medication and some kind of counseling.

Good luck and Have a nice day!

[Elijah1]

Having an IEP does not give a student permission to commit a criminal action (stealing, assault, etc). The teacher has the right to file charges (which may lead to a court appearance for some students but not for others, dependent on their underlying problems). However, I agree that the management of the situation was suboptimal and should be addressed with the school. It should never have escalated to an assault (the teacher should act like an adult and know how not to make things worse). Is this the first time he has been defiant in school? Is a behavior management plan part of the IEP? I agree that legal advice would be helpful.

[rollercoaster22]

You guys in the States are lucky to have IEP's. In Canada, ADHD is not considered a disability and our children get no special privileges or an IEP. They are expected to follow all the same rules etc as "normal" kids.

[Shelldawn21 in reply to rollercoaster22]

That is sad. my son is a tender hearted litrle guy and is very self conscious about not feeling "as smart" as everyone else... if he were to be denied his IEP he would struggle even more than he already does and that's heartbreaking. I'm sorry there aren't more options for your kids.