A bit of a vent- unexpected expense. Update

[APiratesLifeForMe2]

Don't know if this would be successful. My old negotiation days are kicking in. Give them several choices. 1. Identify the kid so you can recover the cost of glasses 2. The child was in your jurisdiction and owe us for the glasses 3 refuse to do either and you will go to court resulting in them paying for glasses and court cost. If they were smart they would take the cheapest way out. Wonder if small claims court could be used here.

I agree with this.

The child (or child's parents) who was responsible for the damage to the glasses should be responsible for paying to replace them. I can't see how you are not entitled to the name of this child so I would start there.

 

[Judique]

Try not to place too much blame on the para. it is like being a parent... sometimes you can't be everywhere at one time... sometimes you look away for a minute and something happens.
I think the issue is one of allowing violent children on the bus with your daughter... If this is the second incident within a short time insist on other transportation arrangements, either for them or your daughter. I hope that the school does make good for her glasses. They are aware a problem exists, now they have to make it right.

Disagree. The para is the one on one on the bus for the child. She was negligent. If the boy was passing by on his way off the bus or especially if he was just up roaming, that bus staff is responsible. Which makes the school district responsible for the cost and whatever plans they have for the negligence of the paraprofessional. If the child has a one on one on the bus, there may be other staff besides the driver looking out for the other children.

Is that the case, daughtersrus? If not, wow, just wow, if there are multiple kids on the bus with severe disabilities.

The school system will try to minimize their damages. One of the things they try to avoid is publicity.

 

[daughtersrus]

Disagree. The para is the one on one on the bus for the child. She was negligent. If the boy was passing by on his way off the bus or especially if he was just up roaming, that bus staff is responsible. Which makes the school district responsible for the cost and whatever plans they have for the negligence of the paraprofessional. If the child has a one on one on the bus, there may be other staff besides the driver looking out for the other children.

Is that the case, daughtersrus? If not, wow, just wow, if there are multiple kids on the bus with severe disabilities.

The school system will try to minimize their damages. One of the things they try to avoid is publicity.

DD has a 1:1 for the bus (a different person is her 1:1 at school). There was 1 bus monitor for the other 5 students (all have autism) as well as a driver.

Because of this incident, they have switched DD's 1:1 and have added another monitor as well. As of yesterday, there was the driver, DD's 1:1 and 2 bus monitors.

I don't know the other students but I can only assume that their disability is severe since they are attending the private out of district school and not one that is in our school district.

My opinion is that the district is responsible and not the parents of the other students.

I'm waiting on a call from our district office this morning as well as one from our transportation dept. I have asked them to watch the video from yesterday to make sure that DD was safe and that the new 1:1 was doing what he was supposed to do.

 

[djmeredith]

Sounds like two district employees may be liable in this situation: the para assigned to OP's daughter, and the para assigned to the other child who broke the glasses. It doesn't matter who the other child was because the district admitted that at least one of their employees was not doing their job at that moment. The parents of the other child would most likely not be legally liable because of the negligence of the district employee(s).

As another poster suggested, negative publicity can go a long way. You should consider contacting a local television station to tell your story. That's the cheapest way to try to get the district pay. Your other low cost option is to file a claim against the district in small claims court and prove the employee's negligence.

 

[Judique]

DD has a 1:1 for the bus (a different person is her 1:1 at school). There was 1 bus monitor for the other 5 students (all have autism) as well as a driver.

Because of this incident, they have switched DD's 1:1 and have added another monitor as well. As of yesterday, there was the driver, DD's 1:1 and 2 bus monitors.

I don't know the other students but I can only assume that their disability is severe since they are attending the private out of district school and not one that is in our school district.

My opinion is that the district is responsible and not the parents of the other students.

I'm waiting on a call from our district office this morning as well as one from our transportation dept. I have asked them to watch the video from yesterday to make sure that DD was safe and that the new 1:1 was doing what he was supposed to do.

Glad to hear they have upped the monitors on the bus. Good luck in your recovery of the cost of the glasses.

 

[undertheradar]

For everyone posting on here that the district is responsible, the funding comes from your neighbors. If the district pays for this, they will be open to pay for every lost or damaged item claimed by all of the students who attend the schools within the district.

Had this been an incident on the playground between two non special needs students, do you think the district should be paying? Life isn't fair and things happen, I can't believe posters thinking that underpaid school district employees should be held responsible to replace these glasses. The OP stated that the student involved has severe issues, do you even think the student understands what was done?

 

[Gracie09]

For everyone posting on here that the district is responsible, the funding comes from your neighbors. If the district pays for this, they will be open to pay for every lost or damaged item claimed by all of the students who attend the schools within the district. Had this been an incident on the playground between two non special needs students, do you think the district should be paying? Life isn't fair and things happen, I can't believe posters thinking that underpaid school district employees should be held responsible to replace these glasses. The OP stated that the student involved has severe issues, do you even think the student understands what was done?

This is a completely different situation than two kids playing on the play ground. The op's dd has an adult assigned to her to ensure her safety and help her as needed. The other child also had an adult assign to him as part of a group to do the same thing. Both adults failed in their role. Whether the second child understood what he did is immaterial. If he went into a store and started causing damage or hitting people his parents would be responsible for his actions. It's called personal responsibility. This time it was just glasses. Next time the op's dd could be injured. If the child who broke the glasses can't understand to keep his hands to himself then alternative transportation needs to be provided.

 

[Gracie09]

Try not to place too much blame on the para. it is like being a parent... sometimes you can't be everywhere at one time... sometimes you look away for a minute and something happens. I think the issue is one of allowing violent children on the bus with your daughter... If this is the second incident within a short time insist on other transportation arrangements, either for them or your daughter. I hope that the school does make good for her glasses. They are aware a problem exists, now they have to make it right.

No it's not like being a parent. During the time the para is at work his or her sole responsibility is the child he or she is assigned to. Period. This is what she is paid for. This is what she agreed to. When I'm home with my kids I have other responsibilities in addition to them.

 

[beno44]

For everyone posting on here that the district is responsible, the funding comes from your neighbors. If the district pays for this, they will be open to pay for every lost or damaged item claimed by all of the students who attend the schools within the district. Had this been an incident on the playground between two non special needs students, do you think the district should be paying? Life isn't fair and things happen, I can't believe posters thinking that underpaid school district employees should be held responsible to replace these glasses. The OP stated that the student involved has severe issues, do you even think the student understands what was done?

Thank you... Child already gets a 1:1 para and 1:1 bus aide, school district and taxpayers are doing plenty.. Accidents happen all the time.

 

[Gracie09]

Thank you... Child already gets a 1:1 para and 1:1 bus aide, school district and taxpayers are doing plenty.. Accidents happen all the time.

Except it wasn't an accident. If the bus hit a bump and the glasses fell off, that's an accident. If the boy put his back pack on and accidentally hit the glasses and broke them. That's an accident. This was deliberate and in front of the aides there to prevent these types of things from happening. The cost of the services provides to the op's daughter is immaterial to this discussion. She is entitled to a free appropriate education under section 504 and the Ada among others laws.

 

[undertheradar]

Except it wasn't an accident. If the bus hit a bump and the glasses fell off, that's an accident. If the boy put his back pack on and accidentally hit the glasses and broke them. That's an accident. This was deliberate and in front of the aides there to prevent these types of things from happening. The cost of the services provides to the op's daughter is immaterial to this discussion. She is entitled to a free appropriate education under section 504 and the Ada among others laws.

Except it was an accident. The children in question have severe special needs, so how would you place intent? What next, private transportation vehicles for each of these students provided at school district expense?

I have to ask, who is responsible if this happened at home? Is the child ever alone, without 24 hour aide?

 

[Gracie09]

Except it was an accident. The children in question have severe special needs, so how would you place intent? What next, private transportation vehicles for each of these students provided at school district expense?

I have to ask, who is responsible if this happened at home? Is the child ever alone, without 24 hour aide?

You may want to look up the definition of accident because this incident does not fall within that definition. The other child ripped the glasses off op's dd's face. His intent was to get the glasses and break them. If he went into a store and destroyed merchandise or hurt people he or his family would be responsible. The school Is responsible for the safety of op's dd during school and transportation to and from school, just like any other child. The aide's sole responsibility was op's dd. obviously she failed at that job. And as an agent of the school, they are responsible for her failure to properly do her job. If the glasses broke at home then op would be responsible for paying for them. Did any one say otherwise?

 

[krayzie]

Except it was an accident. The children in question have severe special needs, so how would you place intent? What next, private transportation vehicles for each of these students provided at school district expense?

I have to ask, who is responsible if this happened at home? Is the child ever alone, without 24 hour aide?

An accident would be if the kid accidentally bumped into her and the glasses fell off and broke. Just because they're special needs, doesn't make everything an "accident."

 

[undertheradar]

You may want to look up the definition of accident because this incident does not fall within that definition. The other child ripped the glasses off op's dd's face. His intent was to get the glasses and break them. If he went into a store and destroyed merchandise or hurt people he or his family would be responsible. The school Is responsible for the safety of op's dd during school and transportation to and from school, just like any other child. The aide's sole responsibility was op's dd. obviously she failed at that job. And as an agent of the school, they are responsible for her failure to properly do her job. If the glasses broke at home then op would be responsible for paying for them. Did any one say otherwise?

Wow! Do you understand what an "accident" is? You sure want to place responsibility on others. Even as parents we can't be there 24/7, we do this odd thing where we sleep. I assume then that you believe that the aide is never allowed to be human and therefore, is never allowed a personal moment. How exactly do you propose that this school district provides this protective escort for each and every one of the students? Honestly, it should be provided for every student, not just those with special needs.

 

[daughtersrus]

Except it was an accident. The children in question have severe special needs, so how would you place intent? What next, private transportation vehicles for each of these students provided at school district expense?

I have to ask, who is responsible if this happened at home? Is the child ever alone, without 24 hour aide?

Are you saying that it was an accident that DD's 1:1 was looking out the window and not paying attention DD or to what was happening on the bus?

At home, there is no one that would take them off DD's face and break them into 4 pieces.

Yes, there is an adult with DD at all times except when she is sleeping.

Wow! Do you understand what an "accident" is? You sure want to place responsibility on others. Even as parents we can't be there 24/7, we do this odd thing where we sleep. I assume then that you believe that the aide is never allowed to be human and therefore, is never allowed a personal moment. How exactly do you propose that this school district provides this protective escort for each and every one of the students? Honestly, it should be provided for every student, not just those with special needs.

DD does not sleep with her glasses or hearing aids on. Nor does she sleep with her prosthesis in her eye.

There was a written plan in DD's IEP that her 1:1 was supposed to stand by DD each time another student walked by. The plan also included that the other bus monitor was supposed to walk between the student and DD's 1:1 so that there would be two adults between the students. That plan was not followed. An IEP is a legally binding agreement.


By the way, my other DD's are SpEd teachers (one Behavior Disability and the other Autism).

 

[undertheradar]

What I'm saying is that I doubt the student who did it had any intent of causing harm. Do I know this for sure, no. Do any of you know the student did intend to harm, no. It is an accident due to lack of intent.

 

[mrsklamc]

What I'm saying is that I doubt the student who did it had any intent of causing harm. Do I know this for sure, no. Do any of you know the student did intend to harm, no. It is an accident due to lack of intent.

Is the para allowed to be human, and make mistakes like anyone else? Sure. But like any other employer, the district is responsible for mistakes their employee makes w/ regard to their job.

Every student should have a 1:1? I guess you could argue that, but OP's daughter is entitled to one by law. Most students are not.

 

[Gracie09]

Wow! Do you understand what an "accident" is? You sure want to place responsibility on others. Even as parents we can't be there 24/7, we do this odd thing where we sleep. I assume then that you believe that the aide is never allowed to be human and therefore, is never allowed a personal moment. How exactly do you propose that this school district provides this protective escort for each and every one of the students? Honestly, it should be provided for every student, not just those with special needs.

Sure it would be an accident if the boy was putting on his back pack and didn't see op's dd and hit her. It would be an accident if the bus hit a bump and the glasses fell off. It would be an accident if someone tripped and fell bumping op's dd and the glasses fell off. It is not an accident if someone grabs something that is not theirs off dd's face and breaks them. Just because a child is special needs doesn't mean there aren't consequences to their actions. My dd is 4 and has some special needs. She took one of her teachers books out of the book case and drew on it with crayon. She had to buy a replacement book out of her piggy bank money and we wrote an apology note to the teacher and she knows now not to draw in books or write on things that don't belong to her. Action-consequence. Obviously I do t expect the child to pay for the glasses but his parents or the school that was responsible for both children when this happened should.
What if the boy had scratched dd 's good eye causing injury? Or broke something on her wheelchair? There is a reason dd has a 1:1. They are not approved just for the heck of it.

 

[undertheradar]

Sure it would be an accident if the boy was putting on his back pack and didn't see op's dd and hit her. It would be an accident if the bus hit a bump and the glasses fell off. It would be an accident if someone tripped and fell bumping op's dd and the glasses fell off. It is not an accident if someone grabs something that is not theirs off dd's face and breaks them. Just because a child is special needs doesn't mean there aren't consequences to their actions. My dd is 4 and has some special needs. She took one of her teachers books out of the book case and drew on it with crayon. She had to buy a replacement book out of her piggy bank money and we wrote an apology note to the teacher and she knows now not to draw in books or write on things that don't belong to her. Action-consequence. Obviously I do t expect the child to pay for the glasses but his parents or the school that was responsible for both children when this happened should.
What if the boy had scratched dd 's good eye causing injury? Or broke something on her wheelchair? There is a reason dd has a 1:1. They are not approved just for the heck of it.

Where do you think the school district's money comes from?

 

[daughtersrus]

What I'm saying is that I doubt the student who did it had any intent of causing harm. Do I know this for sure, no. Do any of you know the student did intend to harm, no. It is an accident due to lack of intent.

I agree with you.

The problem that I have is that the 1:1 assigned specifically to protect DD did not. As I said, DD can not defend herself in anyway. What if the other student grabbed DD's hand and broke her wrist or finger? What if the student poked DD in the eye? DD only has vision in one eye. If she were to injure that eye, there's a strong change that she could be totally blind.

If you saw the force that was needed to break the glasses, you might be shocked. The plastic was twisted into a spiral before it broke. Imagine if that was DD's finger instead.

Where do you think the school district's money comes from?

It comes from taxpayers just like me.

Are you trying to say that because taxpayers pay the salaries of school employees, the school district isn't responsible if they don't do their job?





Again, I feel that the 1:1 and the other monitor failed to do their job.