A teacher slapped my child in the back can I sue?

Question

another little boy saw the whole thing he's the one who told me first then my 8 year old confirmed it and he said after she slapped him hard in the back she said "Now Go Tell Ya Mama That!!I then went to the principle and when I walked into the office there was another angry mother with her son who said the same teacher slapped him in the back because he was writing in cursive the day before she hit my son. The funny part is she's not even my son's teacher.She had bus duty. I took my child to the e.r. and the doctor said he had a small abrasion. I know it's not that bad but she will hit another kid tomorrow if she's not dealt with.

Answer 1

My son was slapped in the face by his psycho-going thru a divorce- 1st grade teacher and I ONLY WISH I WOULD HAVE SUED! He never liked school after that and never trusted a teacher.

Before that he would come skipping out of school and be so happy to tell me about his day.

Answer 2

that is assault with battery! that is very unacceptable, and ur so right she could do it again.... but then again how many times has she done it before! it doesnt matter if ur son has done something wrong...but hitting him is not the right thing to do.  she need  to be taught a  lesson. and shouldnt be teching if she cant control her anger and physically hurting those kids! you should demand she get more trainging and anger management or be remove with a record or else u will sue! i believe everyone deserve a second chance.

Answer 3

Don't sue. Suing for something like this is just a petty money-grab. However - you should definitely report it to the principal and take it as far as you need to so that this teacher does not teach any more.

Answer 4

Oh boy.  I'm not sure sueing is the answer but definately file a report about what happened with the local authorities.  My friends daughter got grabbed by a substitute teacher by the back of the neck and the teacher dug her nails into her.  She came home with three deep indentations on her neck.  the teacher said she never touched her, but the nails didn't lie.  Unfortunately she is still teaching there on occasion as a sub.  This is why I homeschool my children, well that and I don't believe public education is anything like it used to be..

Answer 5

why is it the first thing that jumps to mind is to sue? Will money fix the problem? Why not see what the principal is going to do about it and report her to the board of education.

Answer 6

This "teacher" needs to be taught a lesson.  File assault charges to begin with, and go from there....to the MAX...

What if the child had lung/spine problems in the first place, she could dislocate bones....stupid idiot teacher.

Answer 7

Of course you can sue.  One can sue over anything.

However, is this going to get the result you want...protecting kids?

Of course not.

First thing, you make sure your child is not near this woman...this may mean changing schools.  That is your number one priority.

Second, you bring this to the attention of the principal and the school board.  You also inform them that you are going to be contacting the media.

Nothing like a bit of attention from the local paper, TV station and radio station to help move things along.

Answer 8

Yiou can bring charges against the district for child abuse. Get in concert with the other parent to present a unified front

Answer 9

You have alll the rights to be very angry. However, I do not think that you have bases for lawsuit because he was not affected that much.  I would do this -gather the parents, have a meeting, go in front of the Board of Education with witnesses, call the press, and get the trailor-trash nut fired for good.

Also talk to her and the Principal at the same time - informing them of your intentions - see what they have to say.

On the other hand - did you ask your son WHY he got a smack? Does he need correction with his behavior. Smacking is NEVER an option for TEACHERS, but the disciplined kids are a must. Please don't forget to address his behavior in all of this anger and resentment.

Answer 10

sounds like this is quite normal for this teacher,and she gets away with it,someone has to stop her and if the only way to stop this is through the law then you should seriously think about it,otherwise who knows what she will do tomorrow,good luck.

Answer 11

First let me say that everything is not a lawsuit.If you are truely concerned about this teacher's behaviour then I would think your priority would be taking steps to ensure this teacher does not continue behaving inappropriately.How did your meeting wih the principal go? Are you sure that the children are telling the truth or are they giving their perception of the truth? Before the principal can take any further stps the principal must also hear the teacher's side.I would think the presumption of innocence must apply in most situations if we hope to get to the truth.Even the most hardened criminal is given the presumption of innocence, a trial that requires facts to convict and is given the opportunity to appeal the sentence.Do you expect us to convict this teacher without hearing both sides? Just curious, why didn't your son tell you about this slap first? Why did this other boy have to tell you?

Answer 12

definitely get the administration etc. involved, but I wouldn't sue her, find a more just way to get revenge.

Answer 13

All I can say is , it is a good thing she did not hit my kid.

Have her arrested!

Answer 14

Yes. That is abuse. Teachers are NOT permitted regardless of weather they are regulars or cover teachers or bus drivers to hit, abuse, yell at, slap or make a child feel insecure.

Answer 15

ABSOLUTELY bring it the schools attention. Take pictures and keep the hospital bill, I hope you are not taking responsibility for the price of the e.r. trip! That is child abuse and that person will probably get fired.

Answer 16

yes this is not right to this is child abuse she has no rights to do that sue you really should

Answer 17

WOW!  I don't believe in violence of any kind but I believe had that been my child, I'd be in jail.

Answer 18

Go through the proper channels.  Make an appointment and file a complaint with the principal.  Trust me, for what teachers make, you'll cause more damage dragging her through Professional Standards h*ll than suing!

Answer 19

Holy ****!  First take a picture of that mark even if you have to use a cell phone to take it pronto.  Call an attorney that is illegal in any state!!!! It falls under child abuse, corporal punishment...You can get her license revoked, sue the school as well as the teacher.  I am not joking.  Consultations are free and if they say you have a case they take a 1/3 and you don't have to pay diddly squat.  Don't worry fight to protect your son!!!!

Answer 20

As a parent my first reaction would not be to consider a lawsuit.  I would be worried about the safety and well being of my child.  I think you need to find out all the facts before proceeding.  Right now you are dealing with information from an 8 year old child, their perception of an event is not always what really happened.  Have you discussed the situation with the teacher?

Look at it from the other side.  If your child came to school and told the teacher that you hit your child and that is how he got the mark on his back...would you want the teacher to talk to you first or just call the police and child protective services?  If you answer this honestly, you would want the courtesy of having the opportunity to explain your side.

There are many explanations as to how your son got the mark.  If your own son couldn't tell you about the incident, maybe there is no cause to be concerned.  The story keeps getting more and more detailed (sounds like an exaggeration to me).  Teachers are easy targets for these kind of accusations and require little to no proof (their careers are over).  

Parents need to pay attention to what the TEACHER says too when told about their childs negative behaviour and be as PROACTIVE as you claim you are being now when you child was "hurt".  Your main concern right now, would be figuring out why your child was afraid to tell YOU about the incident.

Just recently in the news in Georiga, grade 3 -5 students (same age as your son) planned to cause serious harm to their teacher using handcuffs, duct tape, knives and other items because they were mad that the teacher had disciplined them for standing on a chair.  Would you want to ever discipline a child at school after that?  The parents of these children will have an excuse for their child too.  Should the teacher be able to sue the PARENTS for the emotional distress those students caused her?

Answer 21

Yes, You should think about it.

Answer 22

I would check with an attorney who specializes in school board litigation.  I would also take my case to the school board, and to the people's forum - the news.  Schools do not like bad news about teachers to hit the headlines.  Turn her into the licensing board in your state.  Be your child's advocate.  Even if you child was misbehaving (since you didn't say either way), violence is never acceptable.  This adult needs to get the message to keep her hands off other people's children.

Answer 23

You need to make an appointment with the school's principle. DO NOT GO THERE ANGRY. You need to be at you calmest ever!!! Ask if they are aware of the incident. Ask what the policies are regarding corporal punishment. Ask if an investigation will take place and when. Ask when you can expect to be informed to the result of the investigation. Ask if your son will be supervised again by this same teacher and if so when? Inform the principle that under no circumstance will this teacher be allowed around your son without another adult present. Get the principle to establish his position. If he does not give you a satisfactory response, you say "you had hoped your attorney would not have to take this matter before the school board to ask why your son was assaulted". I guarantee that if you do this, you WILL get results. But you must keep your cool !! I cannot stress this enough. You must allow the principle to commit to his course of action. Only then can you jerk the rug out from under them. Of course there may be circumstances that you are not aware of. However, it is your duty to protect not only your son, but all children who cannot protect themselves. Do not let this drop !!! It came to your attention, now you must act on it. There cannot be an excuse that justifies this. I wish you well.