Sunday, June 05, 2011

The Day A Student Takes A Swing At Me....

Let's first take a look at California Education Code:
49001. (a) For the purposes of this section "corporal punishment" means the willful infliction of, or willfully causing the infliction of, physical pain on a pupil. An amount of force that is reasonable and necessary for a person employed by or engaged in a public school to quell a disturbance threatening physical injury to persons or damage to property, for purposes of self-defense, or to obtain possession of weapons or other dangerous objects within the control of the pupil, is not and shall not be construed to be corporal punishment within the meaning and intent of this section.
I think it's pretty clear that I as a school employee am authorized to use "reasonable and necessary" force to defend myself or others at school. So what would happen if a student took a swing at me? I'd have to determine if I thought I could "take" the student or not, to be quite honest. But what if this happened?
According to sheriff’s officials, the child refused to move when instructed by the teacher and yelled vulgar language at her. Eventually the 11-year-old got up and punched the teacher in the nose, breaking it. No one else was injured in the assault.
Have no doubt that I would pursue all legal remedies, both civil and criminal. You cannot for a moment give people the impression that such behavior would be tolerated or excused at all.

5 comments:

mrelliott said...

Just exactly what has the school system done about this? I'm assuming here, but my guess is...nothing. The student was arrested and incarcerated, but probably because the teacher he hit is pressing charges. Who wouldn't do this?

But, I'm guessing again, just from experience, this kid will serve his time in the juvenile justice system, and be back in school in record time. And, the school will not have disciplined him at all. It's because the juvenile justice system in our country gives kids too many chances before they turn 18.

I wonder if the school system will allow this kid back into school. I would hope not, but I bet they do.

Anonymous said...

In the bad old days, the kid would have been sent to reform school. In my area, that meant a residential school with appropriate security. Of course, that kid probably would have had enough appropriate discipline in his regular school that he would have learned how to control himself long before he turned eleven.

Mr. W said...

When I saw the title of this post I thought you were talking about this story http://bcove.me/uzvkm76n

Darren said...

The kid was looking threatening. I don't fault the teacher in that linked video, and I'm glad she's not being charged.

Polski3 said...

And under Calif. Ed Code, future teachers of such students must be notified that this student has assulted a teacher in the past. I almost filed a grievance on this issue; a student enetered our school after having been "expelled" by our district for his participation in putting unknown chemicals in their 5th grade teachers coffee. Principal finally notified us, in writing, as per state law.