well it’s seems that a teacher asked my son the leave the class room , my son didn’t understand why he had to leave and asked why ,,so the teacher grab or took him by the arm and at the same time pushed my son by putting his other hand on the back of his head then pushed him out the door in front of the whole class.This action by the teacher did upset my son . I know if I did something like that I would be charges with an assualt .
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legally can a teacher put their hands or touch a student?
well it's seems that a teacher asked my son the leave the class room , my son didn't understand why he had to leave and asked why ,,so the teacher grab or took him by the arm and at the same time pushed my son by putting his other hand on the back of his head then pushed him out the door in…
You son is not harmed. The teacher did not hit him or knock him down. The teacher led him out of the room. I agree with all the people who are saying you need to get the whole story and realize that your son DID NOT do as he was told.
“I know if I did something like that I would be charges with an assualt.” First off, are you a teacher? I assume not, because if you were, you would not be asking this question. You have no idea how your son acts in the classroom without your presence. Secondly, how can you lead a child who won’t leave out of a room without touching him at all? You can’t do it. Taking a child by the arm and guiding him to the hall is fine.
Please talk to the teacher… I had two students who accused me of grabbing them, when my arm was behind them and not on them. They were talking and disrupting the rest of the class. I wanted to talk to the student without the rest of the class listening in, and possibly get the principal to help sort out the behavior problem. Without talking to me the parent filed charges against me and then dropped them when his son admitted to lying. If the teacher does not have a good explanation talk to the principal and file a complaint. Teachers are supposed to help students, not harm them.
Please just talk to the teacher first. If that doesn’t work – go immediately to the principal. The teacher needs to know that the behavior was wrong.
On the other side of the coin, what is a teacher to do when a student does not follow instructions and continues to distrupt the class. In college and in training course teachers are taught of holding a student so as not to allow them to harm themselves, another student, and even the teacher. How can there be a safe learning environment when students cry “FOUL” everytime they don’t get there way. What do you do when your son tells you “No” or asks “Why”. What did you need to do when he was little to get the response you wanted? Do you want your son to run into the middle of the street and when you tell him to come back to stand there and ask “Why?”? No! You probably taught him early on to do what you asked, when you asked, without the questions. What if there had been a gun threat at the school and your son stood there asking “Why” instead of following directions- who would you have blamed for your son’s injuries, your son, or the teacher?
Yes, a teacher is obligated to do so. Sadly litigation has districts and teachers running scared, so the rights of teachers is gradually eroding:
“Every teacher in the public schools shall hold pupils to a
strict account for their conduct on the way to and from school, on
the playgrounds, or during recess. A teacher, vice principal,
principal, or any other certificated employee of a school district,
shall not be subject to criminal prosecution or criminal penalties
for the exercise, during the performance of his duties, of the same
degree of physical control over a pupil that a parent would be
legally privileged to exercise but which in no event shall exceed the
amount of physical control reasonably necessary to maintain order,
protect property, or protect the health and safety of pupils, or to
maintain proper and appropriate conditions conducive to learning”
(EDC § 44807).
The question you should ask is, “Was the ‘amount of physical control reasonably necessary'”? But first you should ask “Why does my son ask ‘Why?” when an adult in a position of authority tells him to do something”?
As for your assault charge:
“Physical abuse is bodily injury inflicted by other than accidental means on a child, including willful cruelty, unjustifiable punishment, or corporal punishment.”
I agree with David above: Your son was “upset,” but it seems he was not physically hurt. If you complain, just know that you’ll be putting the teacher through hell when the teacher was probably already put through hell by your son. That’s probably why this happened in the first place. Just tell the teacher to call someone to come and get your son next time.
I know that if two students are fighting say then a techer inside or utside of school is allowed to physically restrain a student. I suppose it might be a bit of a grey area in what your talking about. But if the teacher didn’t actually hurt the child then I don’t see any wrong has been done?
I am a teacher. There is never a need to put your hands on a student absent “fight” situation. Even then, you have to be careful.
Ok, technically what you described can get a teacher fired. How old is your son? My sister is a teacher at an elementary school and kids lie all the time about things that go on at school. I know you want to believe your son but find out all the facts before you go on a rampage.
yes if a fight is in progress between two or more students a teacher does have the right to interrupt or even stop the fight.
Wouldn’t it be better to find out why your son had to leave..rather than trying to get back at the teacher…by your backing your sons behavior, it only encourages him to not behave in class and encourage him to push the buttons of teachers limits even further..school is for learning and if he can’t understand that and you can’t support that maybe you should consider homeschooling the kid.
I do not care about legal…. what worries me is you son did not follow a direction of a person in charge of the room. If you do not teach your son to follow basic directions he will NEVER be able to work or succede. MANY things happen every day that people need to accept. EG. Tax forms need to be in by this date or you pay. You need to stop at a red light even though there may not be any other cars on the roads.
It is more important to teach you son to obey those in charge then to fight this. to do so would be to teach him that what the boss says does not apply to him. You are turning you son in to a welfare dependent for the rest of his life – by fighting this!!!!!!
THE MOST IMPORTANT THING IS WHAT IS YOU SON DOING THAT DESERVES BEING ASKED TO LEAVE