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They contacted their attorney....UPDATE!

Posted by on Mar. 13, 2013 at 8:12 AM
  • 122 Replies
13 moms liked this

For those who haven't read my post about my 6 yr old Ds that has been attacked and bullied at school I'll give a little background.  Since the beginning of October one child has been attacking my son.  Making threats, using his fists, slamming my son's face into a sidewalk and on one occasion stabbed my son 8 times with a pencil.  I've been fighting and fighting the school to so something to put a stop to the situation.  I got wonderful advice from so many momma's on here and wanted to update.


Two weeks ago I was contacted back by the ACLU.  They referred me to the MPAA (Michigan Protection Advocacy Agency) and to the U.S. Department of Education Office of Civil Rights.  I got in contact with both.  The MPAA advised me to write a Gebser letter to all officials in the district. I wrote out the 4 that needed to be written and to have proof they were sent and received I sent them certified mail.  Monday I sat down with my MIL and the school principal to discuss action that could be taken, again, and he decided he would get the child from class at lunch time and have the child eat with him and have the child in his office at recess time.  I gave him the Gebser letter for him since I had a witness present and it costs 6.11 just to send one certified letter! Well the school Principal contacted me yesterday afternoon and stated "Superintendant Williams-Harper advised me to contact our school attorney and inform you we can no longer speek to you on this matter."


WOW!  Immediately I contacted the MPAA and told them what I was told.  They said to me the schools don't normally contact their attorney after the 1st Gebser letter unless they know they were in the wrong and they are going to try to get this situation to go away so you don't contact the U.S. Department of Education OCR.  I explained I already had and the claim was being reviewed.  MPAA advised me to contact them if the school attorney contacts me so they can have their attorney's handle the school attorney because I wont just "let it go away".  I then called the U.S. Department of Education OCR and talked with the case holder who informed me after a long conversation about what's been happening and what's happening now and she told me I should expect an investigation to be open on this district by Friday.  Finally something is getting done! My son's bully will be gone and the school will have to face up to the consequences of not keeping my son safe and for ignoring this problem!



Haven't heard from the school or their attorney yet.  But yesterday my son came home with yet another black eye.  It wasn't from the same kid that has been beating him up.  It was another child in his class.  My son said "We were lining up for lunch and Isaiah punched me."  I asked what happened to the kid that hit him and was told he went to lunch then got sent to ISS (In school suspension).  I asked if a note was sent home with him from his teacher to notify me of the incident since I never received a call and neither did DH and was told no.  I even went thru his backpack just incase and nothing.  Not one form or attempt to notify me that my son had been injuried in school.  WTH??!!!  I'm so beyond fed up with this school district.  I kept all 3 kids home today.  DH is leaving work early to go to the school and "Discuss" this issue.  Told DH last night I'll be calling the OCR and MPAA this morning (already did waiting for call backs) and very very very soon here it's all getting "leaked" to the media.  I'm far fed up with this school and their lack of action!

by on Mar. 13, 2013 at 8:12 AM
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Replies (1-10):
twinners.mama
by on Mar. 13, 2013 at 8:15 AM
Good!!
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nonnarae
by Member on Mar. 13, 2013 at 8:18 AM
So happy for you momma!
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MrsWhite101610
by on Mar. 13, 2013 at 8:18 AM
1 mom liked this
Glad its getting taken care of.
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suetoo
by Bronze Member on Mar. 13, 2013 at 8:24 AM
4 moms liked this

I am so proud that a mom is speaking up the appropriate way for all bullied children. I commend your courage. Shame on that principle for letting it get this bad. Stabbing with a pencil should have been the end of that's child time in school please keep us posted!

cmabbott
by Member on Mar. 13, 2013 at 8:28 AM
Good! Keep us posted on what happens!!!
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edelweiss23
by on Mar. 13, 2013 at 8:30 AM
Hugs.
I hope everything works out!!!!
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GOBryan
by on Mar. 13, 2013 at 8:32 AM

That's great! Yes, they have a liability and what you should also do is contact the School's Risk Managment dept. Because they failed to keep your son safe, you are also looking at monetary awards. If Risk Management finds that they are liability after a short investigation, they will offer you a monetary award to settle out of court. When my daughter was pushed against a desk causing a gash under her chin, at summer school a few years back and my husband informing the principal 2 or 3 times of the unruly class BEFORE the incident occurred.. They ended up paying up $15k for her injury. If they don't pay out monetarily, it won't hit home and I'm sure, like us, you can use the money. 

beans13
by Bronze Member on Mar. 13, 2013 at 8:34 AM
Sick that it had to go this far. So sorry your son has had to endure this . Kudos to you for nit giving up.
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rugratsmommy4
by on Mar. 13, 2013 at 8:35 AM

The principal told me that he refused to serve punishment from new incidences while considering past occurances especially when he wasn't the standing principal at the time of the other incidents.  He should have looked at all of them to handle an appropriate punishment.  The principal that was there when the stabbing happened and when my son was repeatily pushed into the sidewalk said "I can't do anything without being told to do so by a higher authority."  So pretty much said she was powerless.  At that point I contacted the Superintendent and she said should would give consequences to the child but none of them were actually followed through with.  I told the U.S. Department of Education OCR I'm not just doing this for my son and daughters to be safe in this district, I'm doing it for all the children.  Bullying has to stop! Especially when it's a discrimination bullying like it is in this case.  My son is special needs and the child attacking my son stated to me and a teacher "I beat him up because he is different."  A 5 year old said that! This is the time to help this child and put a stop to it so he doesn't end up spending his life behind bars.  Like I told the U.S. Department of Education OCR case holder I live in an African American majority community and I am questioning if the child means because my son is white, where this child is African American (doesn't bother me one bit), or if he means because my son is "Special".  She agreed with me, it's hard to say which.  Either way it's a hate crime and discrimination and that also is not to be tolerated in the schools.

Quoting suetoo:

I am so proud that a mom is speaking up the appropriate way for all bullied children. I commend your courage. Shame on that principle for letting it get this bad. Stabbing with a pencil should have been the end of that's child time in school please keep us posted!


rugratsmommy4
by on Mar. 13, 2013 at 8:38 AM
1 mom liked this

We all could use money lol!  I will look into that.  They wouldn't be able to try to keep it hush hush with that action.

Quoting GOBryan:

That's great! Yes, they have a liability and what you should also do is contact the School's Risk Managment dept. Because they failed to keep your son safe, you are also looking at monetary awards. If Risk Management finds that they are liability after a short investigation, they will offer you a monetary award to settle out of court. When my daughter was pushed against a desk causing a gash under her chin, at summer school a few years back and my husband informing the principal 2 or 3 times of the unruly class BEFORE the incident occurred.. They ended up paying up $15k for her injury. If they don't pay out monetarily, it won't hit home and I'm sure, like us, you can use the money. 


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