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 (8)

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.
> 60 days ago

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HEthier
HEthier writes:
I live in Ohio, I have learned some hard lessons this week regarding kids with an IEP. My grandson was harassed for months, even though he did everything right and told authority figures and even tried talking to the bully, nothing was done about this, last week he was assaulted and received a broken elbow! While speaking to the Principal I learned that both the other boys involved had an IEP therefore to "protect' my grandson, who has autism but does not have an IEP, they are going to switch his classroom, and he has to alternate days on the playground just to keep the boys apart. My grandson was physically assaulted with injuries and because the other kids have an IEP my grandson has to do all the accommodating to ensure his own safety, regardless of how this is effecting him, having Autism requires a VERY structured, stable, consistent environment, he has to get used to a new teacher, new students, new rules, new schedule and can only play on the playground on alternating days and according to every legal person I've spoken to there is nothing I can do because of that IEP. In fact, I was advised that since my grandson has been diagnosed with Autism that I should demand he be put on an IEP to protect HIM in the future should he decide to defend himself!!!   This is absurd!  IF those 2 boys did not have an IEP I'd have a HUGE lawsuit against the school, the teachers, possibly even the parents, but because they do my grandson has to change his entire way of life in school just to feel like he's safe. I guess the teachers can't do that for him. This has devastated him for months and now after having been assaulted he's terrified, but, the school has governmental immunity and the boys have IEP "immunity"....I would highly suggest that Ohio parents research the law, it may make you sick to your stomach to learn the truth!  I'm going to get my grandson on an IEP as soon as possible, and encourage him to defend himself, it may be the only way he can get these bullies to stop!! The information I have provided has been from my own personal experience and in no way meant to be legal advice or serve to represent the laws in the State of Ohio or anywhere else....as an FYI, remember that to have your child placed on an IEP they have to be diagnosed with some type of disability, therefore according to information I have received, if your non IEP student is involved in an altercation with a student who has an IEP your non IEP student could be charged with assault on a person with a disability bringing harsher punishment from the law and the school...so I've been told...
> 60 days ago

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