My child is 14, and was diagnosed with CP at 6 months old. He is currently in 8th grade. I have had members of the school staff, along with students come to me and inform me that 2 of the aides in the special ed. class are really mean to him. My child has told me that they are mean to him. He has always loved school until this year.
I have read that the school must provide a safe and positive environment for my child. Can you please tell me the law? I am frustrated and would like to be well prepared. I have never had any problems until these two aides were hired. Please give any and all information possible.
Thank you in advance,
Jenny
Dear Jenny:
You describe a situation in which two aides are being “really mean to your son”. Your question seeks information about what the legal obligations are that the school maintains a “safe and positive environment”.
Historically, because schools serve “in loco parentes”, which means in the place of the parent, schools have always been expected to be a safe and positive environment. However, the courts have generally allowed the schools to avoid responsibility for improper conduct by staff if the school district was not aware of or on notice about the improper conduct. Thus, when school staff are treating the child improperly, it is very important for the parents to provide documentation to the administration advising them of the improper conduct so that the administration can take the appropriate steps to protect the child from the improper conduct in the future.
In addition to these general legal principals, the No Child Left Behind Law has a specific mandate that schools provide a safe and positive environment. Unfortunately, this does not have specific enforcement mechanisms with respect to mistreatment by staff. However, where staff are involved in mistreatment of a child, you may make a report of child abuse or neglect to the state child protective agency or the police. Provisions of these laws vary from state to state, so it would be important for you to check the specific requirements of your states Abuse and Reporting Act.