Is This a civil suit or not?

Question

My son is 8years old with autism. His teacher say that when he is at school, if you do not watch him, he will run off. Three days ago my son was able to climb a six foot fence and jump over it and run .888 miles before 911was called by a citizen on the street. She said my son was running in and out of traffic. If she didn't call 911, I don't want to think what could of happen to him. Any suggestions?

Answer 1

If your son will run off, I don't understand why he does not have a personal aid to assist with keeping him safe.  A civil suit?  You should be glad he is okay, and you should request he be given an aid to help keep an eye on him.

Answer 2

I would not file it as a civil suit, but make sure it gets a TON of attention- some teachers and aides in the school districts get way too lax thinking that even if a kid gets out of sight they will be found unharmed- which in this case obviously isn't true. It really could have been an honest mistake, I am sure you have witnessed first hand that your son is smart, fast and probably a little sneaky- The teacher definately needs to be heavily reprimended for the simple fact that they did not act appropriately when they noticed your son was gone, or possibly worse been so absent minded that she somehow hadn't noticed that he was gone for that long. Either way it is very scary to think about, and it should not go without mention. Along with mentioning the issue make sure that there is a plan to prevent this from happening again- even if it means that your son gets a one on one aide written into his IEP. Though it is valuable for children to learn as much independence as they can, and quite likely with autism a one on one could be a little frustrating for your son, at least he will live through his education.

Answer 3

Talk to the school. If he has to be watched all the time is it possible to get him an aide who works with him during class time and recess/lunch time.

This would mean that the teacher would not have to try watching all the students at the same time as him. The aide would be able to watch him more as they wouldn't have to watch the other students as much.

If the school aren't willing to do anything I'd say yes it would be a civil suit. As you would be trying to get better services for him.

You could also bring the school up on criminal charges of neglect.  You said an ordinary citezen called 911. So to me that means that the school weren't even looking for him or didn't know he was gone. Because the distance you say he ran is quite a way.

Answer 4

It is likely that there will be a team meeting (assuming that your son is on an IEP) and I would expect the discussion will focus on some sort of Conditional Behavior Plan, a Functional Behavioral assessment or Positive behavior Support Plan.  All of these are to look at what might be the warning signs that a run is likely, and what strategies can be developed to stop it before it happens.  Your input on how YOU deal with that type of situation at home will be important in developing a process.

It is also possible that the team will discuss more restictive placement in a self contained classroom, or modify the schedule and your students access without supervision to places where escape is not possible.

A law suit at this point - might make you feel better, it was scary for you I know - but it could have just as easily happened to you.  Talking and sharing the information you have and listening to the school and the information you have will be the best and most effective way to turn this into a positive.

Answer 5

It is the job of the school to provide the least restrictive environment for each student in special education.  That means that your child has the right to be included in the mainstream classroom to the greatest extent possible.  This also means that special education classes that are self contained will need to try and align their practices with regular education standards as much as possible.  I am sure that after this incident your son's IEP will have to be re-evaluated and there will have to be some modifications in order to keep him restrained (not physically) in the classroom.  This may include hiring an additional aide that will monitor him one on one at all times.  It is horrific to think that he escaped and could have been harmed, but I urge you to try to work with the school as much as possible to ensure that this simply doesn't happen again.  I would also encourage you to make some random checks to ensure that they teachers and aides are handling him correctly and also to show the school that you mean business.

Answer 6

i would-not necessarily for teh money, but to make sure the school shapes up so it doens't happen again-

even if he did take off-somebody should have seen and tehy should've been able to catch up with him before he got over the fence-

even worst case scenario-if he vaulted over the fence-1 person should have called 911-and any others should have begun searching--they should have known the danger he was in--and not just strolling down the sidewalk...

Answer 7

Yes, consult an attorney.  Negligence on part of the school to fail in monitoring the student (your son).  However, I strongly suggest mediation first.  You do not want to make this situation more difficult on your son that it needs to be by witnessing the drama that comes along with litigation. An alternative to consider..... If you do not trust these individuals at this school then you should consider relocating him to another facility that is more equipped and trained to handle your son in an appropriate manner.