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ssbtx
ssbtx asks:
Q:

What rights do our children have if a student with an IEP continually threatens them, chokes them, and tells them he is going to kill them?

In Topics: Bullying and teasing, Discipline and behavior challenges
> 60 days ago

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Expert

Boys Town National Hotline
Aug 31, 2011
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What the Expert Says:

We are sorry to hear this is happening in your child's school. Having an IEP does not give the child the "right" to bully other kids, but it may explain why the child is more prone to behave the way he does. Make sure the children's teacher is aware of what is happening. If the teacher does not seem to know what to do, then talk with the principal and/or the school counselor. It may be that the child who is being aggressive is not ready or able to be in a large or traditional classroom at this time. His needs may not be met where he is and he is acting out his frustrations.

You can also call our Hotline for more support and guidance. We are here 24 hours, 7 days a week for parents and children of all ages. We also have a website for parents and teens.

Thanks again for reaching out! Take care and best wishes to you and your family.

Sincerely,

Cynthia, Counselor
Boys Town National Hotline
1-800-448-3000
hotline@boystown.org
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Additional Answers (7)

EdEd
EdEd writes:
It's important to remember that your child doesn't lose rights simply because another child has certain rights as well. So, there would never be a situation where a child with or without an IEP would be permitted to engage in verbal or physical violence toward another child.

I would approach the situation in the exact same way as if the child in question did NOT have an IEP. What would you do to support your child in that situation?
> 60 days ago

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MissCook
MissCook writes:
First make sure all the people in authority at your school know what's going on; i.e. the teacher, principal, and special ed case manager. Second, you have rights as well and there is a process to go through for discipline for the child with the IEP. You have to go through said discipline process because of the IEP and the legal issues surrounding that. If that doesn't stop the problem, be persistent in your actions and be sure that the special ed teacher monitors the situation. BUT don't be overly nosey and/or angry, as I am a special ed teacher and don't respond too well to angry, irate parents. I know you are concerned for your child but your child isn't the only child on that teacher's caseload and know that the special ed teacher is doing everything they can to help your situation. At least they should be. Anyways, talk with the special ed teacher, get a copy of procedural safeguards for an IEP and make sure the proper steps are taken to remedy the problem on the IEP team. You can also request to separate the kids. If anything, an IEP meeting should be called to discuss further actions; it may be that the student with the IEP has bigger issues and needs a behavior analysis and plan put in place so that the kids behavior issues are truly eradicated instead of remedied for a short time. Good luck!
> 60 days ago

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kayla wiegand
kayla wiegand writes:
ground them to there rooms for a mounth
> 60 days ago

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carmey
carmey writes:
An IEP doesn't exempt a student from responsibility or misconduct.  I would recommend meeting with the school's clinical staff.  Additionally, the school should coordinate a meeting with the family to resolve matter.  You may want to attain information on the safe school zone law and how it affects youth/students regardless of age who commit crimes in and near schools and other public facilities.  Also, you may want to consult with an attorney and/or state's attorney office, etc.

The school has a responsibility to create a safe, learning environment.  Hold them accountable.
> 60 days ago

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mikeandmaggiesmom
mikeandmagg... writes:
My situation is the exact opposite of what was recommended.  My son is in an IEP plan and consistently made fun of by the general classroom kids, recently choked, pictures text around class making fun of him, and finally after years of the SCHOOL not knowing how to handle, he pushed back and was suspended.  The Administrations have no idea how to prevent these bullies in school, and its something that gets "handled" with ridiculous tactics and treats the Victims the same as the bullies.  My only option was to report to the local Police and take matters into my own hands by being a voice and force for your child.  Prinicals and Administrators are too busy securing funding and sitting on their hands then to focus on the issues of bullying.
> 60 days ago

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cherokeecornstalksociety10
cherokeecor... writes:
if this IEP child is unable to tolerate being with crowds and can't behave, ask that the school request/require an adult supervisor either his family or someone they will have to pay for to come sit with him.  Either way, if he is physically abusing your kids you always have the option to file suit for assault and battery and the school is allowing it, then go for it.   I would ask for him to be removed from the school as he is not learning anything, to busy beating up other kids.   Sounds like there is going to be a lawsuit either way.
> 60 days ago

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Albondigas
Albondigas writes:
Are your children being bullied? IEPs do not give anyone the right to assault/batter anyone. Victims have rights as well.  They don't have to continue being harassed, intimidated, and battered while some process takes place. That's the school/district's issue.  It's been my experience that irate parents usually get what they ask for.
41 days ago

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