My daughter was beaten up at school Another UPDATE PAGE 15

[JennyMominRI]

BTW--Depending on what she is saying when she calls, you might be able to get charged with making terroristic threats or witness tampering. That's a couple of pretty serious charges, and coupled with an assault, a judge might just decide to send her someplace longterm for help.

Anne

She and a friend called Brittany,pretending to be someone Brittany liked..No threats or anything. I was suspicious and that was confirmed when she admitted it to the school board..I'm not sure how or why she told them that,but she did

 

[Alicnwondrln]

ridiculous the school protecting the girl who hurt your daughter
i think you have been given so great advice from ducklite
i hope things will be ok for your DD , its wrong letting her back without notifying your DD first
i am sure she will be shcoke dif she sees her
i hope things will be ok

 

[ducklite]

She and a friend called Brittany,pretending to be someone Brittany liked..No threats or anything. I was suspicious and that was confirmed when she admitted it to the school board..I'm not sure how or why she told them that,but she did

It still might fall under harrassment. I would at least report it, especially if she's been told to stay away from your daughter.

Anne

 

[DisneyGirl2005]

Just read this thread and I wanted to say how sorry I am for you and your daughter.

What really annoys me about the school systems (not just yours, but most all of them) is that they have this girl who has obviously been an ongoing problem. They know she is a problem, yet they continue to allow her to endanger everyone around her. Have we learned nothing from all the violence that has taken place in our schools? Of course the school system will act shocked if this girl were to go on a rampage like we have seen in this past. IMHO once you show violence you should be out of the mainstream schools.

I am sorry to have vented about this on your thread. I am just sick and tired of the victims being punished and the instigator being given a slap on this wrist. Best of luck to your daughter.

 

[barkley]

i have to second contacting the police and the d.a. regarding the phone calls. i was in a situation (as an adult) wherein my life was threatened by a client, while the "threat" did not carry a good means of prosecution her act of using a telephone to convey the threat did (an arrest warrant was issued for "terroristic threats". the laws regarding using the u.s. mail and the telephone as a means of threatening/harrassing are very tough. i would suggest keeping a log of all calls-you can also contact the phone company and they can take internal steps regarding the situation-if the girl is using her home phone to make these calls the phone company may take action to end service based on her activities. they can also place a block on her home number such that any attempt to place a call to your home will be unsuccessful (and if she tries to use an alternate phone it can be compelling information for the prosecution).

i don't know if you'd consider going this route (i probably would depending on my frustration with the school) but have you considered contacting the media in your area? a well done peice on the local news about how the school is more concerned with protecting the perpatrator vs. the victem may bring the other parents whose kids have encountered these same problems out. there is strength in numbers, and i think the school would act quickly if enough concerned parents started demanding answers to why a proven violent offender is being permitted free access to their children.

best of luck.

 

[JennyMominRI]

Just spoke to Mr Livesy,the assistant principal at the school..This girl is being monitored at school.. Between classes and at all times.. If she even raises her voice to anyone,not just Brittany she's out. The AP seems very on board and is really looking for ANY way to get her out of there. It seems to be the school board which is the problem her

 

[tw1nsmom]

I want to comment a little more on my previous post.

The term least restrictive environment (LRE) is one I'd like to touch on. It's used when developing an IEP for classified kids, regardless of the classification. For some kids LRE can be a regular classroom with a simple accomodation such as being in the front row or given longer/extra bathroom breaks. For others, it can mean being in that mainstream class with resource room help, or even a f/t aide in class with them.

Then there are kids who can't function in a mainstream classroom. It's not just a matter of learning, it's also social interaction with peers and teachers. This seems to be the case with this student, and often is with ED students.

Those students are placed in either a "self-contained" classroom, meaning they don't interact with other students in the school, and take all their subjects in that classroom together. Not all schools have a self-contained program, and in that case, they "outsource" if you will to either another district who does, a county-level school for ED students, or a private school for ED students.

Now, here's the catch. This all goes into an IEP. Parents are asked to meet and review the IEP with the appropriate parties from the school at least once a year. Parents can refuse any placement for any reason, and then the district generally has to have a court decide appropriate placement. It can be a drawn out process if emergent relief isn't sought by an agreived party.

Anyhow, she might be in a mainstream classroom because to this point her behaviour hasn't been disruptive enough for a SC class. Or it could also be a parent refusing to sign off on an IEP. Who knows. Either way, unfortunately you can't demand her IEP, however, what you can do is take a good cop approach. Call the school psycologist and suggest that it might be in this childs best interest to be out of the mainstream due to her already being in trouble with the police.

One other thing--has she been abusive towards any other students in the past? There is strength in numbers. I know my sons public school cringed when another parent of a special ed student mentioned my name or that they had been talking to me...

Anne

All of this is very good info. I just want to add a little to it. If an IEP student causes bodily harm or is threatening others, they can be removed from the school. The schools ability to do so was reinforced by IDEA 2004 (Individuals with Disabilities Education Act). When a child has an IEP they can be suspended/removed for up to 10 days, then they must be provided with instruction. That instruction doesn't have to be in the same school. This can happen even if the actions of the child were a direct result of their disability. While they can't be punished for other infractions due to their disability, all that is out when they threaten or cause bodily harm.

Now there is something called status quo. That's where if a placement on an IEP is being disputed the child stays in their current placement until there's resolution. Here's the tricky part. IDEA 2004 did away with status quo, but some states have chosen to continue it (can offer more than the federal law, not less). They may be acting on status quo, however due to the physical harm, that right should have been thrown out the window.

Ultimately, this comes down to money. Sending that girl to an alternative placement costs money. If you don't make waves, the cheapest thing for them is to plop her back in the same school. I think the advice of requesting that they either remove the girl, or pay private school tuition for your daughter is good. Unfortunately money is all that motivates some administrators.

I would also talk about your daughter being in a hostile environment that is no longer conducive to learning. I would also pursue this through the courts and see if a judge/social worker can have her removed. Just because the school district says something, that doesn't mean it is truly the law. Often times they are ignorant of the actuall laws...or choose to ignore them.

 

[ducklite]

Yes, it does all come down to money, but the more noise you make the more money they will be willing to spend to make you go away. I'm the poster child for that one LOL!

Also, under IDEA I believe that a weapon has to be involved with an assault before they can be actually sent packing, as opposed to suspended. And keep in mind that they can only suspend a kid with an IEP for up to ten days in a school year, regardless of how many infractions they've had. The idea is that if they are doing things to cause them to be suspended for more than that, they are not in the LRE and need a more appropriate placement. But that placement costs money.

Anne

 

[tw1nsmom]

Yes, it does all come down to money, but the more noise you make the more money they will be willing to spend to make you go away. I'm the poster child for that one LOL!

Also, under IDEA I believe that a weapon has to be involved with an assault before they can be actually sent packing, as opposed to suspended. And keep in mind that they can only suspend a kid with an IEP for up to ten days in a school year, regardless of how many infractions they've had. The idea is that if they are doing things to cause them to be suspended for more than that, they are not in the LRE and need a more appropriate placement. But that placement costs money.

Anne

Actually the law changed to say that the child only has to cause someone to feel threatened and they can be removed to an alternative placement. Of course this just came into effect July 2005, and many schools have yet to be fully trained in it.

 

[JennyMominRI]

Ducklite and Twins mom..Thanks so more for all of the help and taching me about the IEP issues..I knew they were involved but I didn;t really know how that worked...I keep cutting and pasting all of this info to ED

 

[ducklite]

Actually the law changed to say that the child only has to cause someone to feel threatened and they can be removed to an alternative placement. Of course this just came into effect July 2005, and many schools have yet to be fully trained in it.

Ah--my son graduated in 2004, so I am not up to speed on the latest changes to the law. Thanks for the info!

Anne

 

[lyeag]

Jenny, I am so sorry you and your daughter are dealing with all this. I used to teach middle school and saw this exact same situation repeatedly.

Ducklite is giving you VERY good advice. You have to keep the pressure on them to do something. I saw way too many kids on IEPs that were in self contained programs intimidate and hurt other kids before and after school. No matter what the school says, they can't be everywhere. If this girl has it out for your daughter she needs to be out of the school. If she can't get to your daughter herself, most likely she will find a "friend" to do it.

 

[nliedel]

If you have an answering machine and caller ID use it. If you don't have caller ID get it. You will then have a record of who calls and that can be used to help you.

At this point I would take this girl very seriously. She sounds like she is capable of really hurting your daughter and I am scared for her. I know it may be going over the top to have these thoughts but better to look like an overprotective parent than not be overprotective and have something horrible happen. I would not put bringing a weapon past this girl. Not for one minute. If she is calling your house she is not cowed by anything that has happened to her at all.

 

[JennyMominRI]

My DD is home now..she saw Kayla twice today.. The word on the street ,so to speak,is that they really laid into Kayla at the review. Brittany has heard that Kayla is saying she is not even going to lookin Brit's direction because she doesn't want to be kicked out of school .
Brittany has also now become friends with a couple of Kaylas past victims

 

[aDVCguy]

There's but one choice you have...

They MUST be suspended and/or removed from that school!

If you don't...it will only continue with a greater vengence
up on your DD.

I saw mentioned in another response that this will effect your
child learning...absolutely!! How is any child suppose to
take in and participate in class if the threat of being
"beat up" sits on their shoulders?

Just imagine walking down a hallway going to your next
class and wondering when you turn a corner up ahead
whether or not one or both are waiting for you...
day after day after week after week?

How is a child going to learn to be their best under
that type of duress?

Good Luck!

 

[ducklite]

My DD is home now..she saw Kayla twice today.. The word on the street ,so to speak,is that they really laid into Kayla at the review. Brittany has heard that Kayla is saying she is not even going to lookin Brit's direction because she doesn't want to be kicked out of school .
Brittany has also now become friends with a couple of Kaylas past victims

Good! You've got her running scared. Keep up the full court press. Be relentless, and don't give this girl as much as an eyelash's wiggle room.

I would probably try to speak to the parents of some of the other victims, again, strength in numbers. Find out if they were assaulted, and if so, did the parents press charges? You might have an incendiary device in your pocket to work from.

Anne

 

[JennyMominRI]

Good! You've got her running scared. Keep up the full court press. Be relentless, and don't give this girl as much as an eyelash's wiggle room.

I would probably try to speak to the parents of some of the other victims, again, strength in numbers. Find out if they were assaulted, and if so, did the parents press charges? You might have an incendiary device in your pocket to work from.

Anne

That's not a bad a idea..

 

[Tantor]

Oh Jenny, just catching up on the forum. My heart to you a your DD.