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What Disciplinary Tactics and Acts Go Over the Line in Schools and Day Care Centers?

By David Wolf, Attorney Published by Child Injury Lawyer Network


In California and other States, schools are staffed with conscientious teachers and staff members. Most teachers and aides are dedicated to their work and educate the students in a diligent and professional manner. Unfortunately, at times, teachers and aides use poor judgment and violate the rights of the students under their supervision. While teachers should be given some latitude and freedom to teach a class, some teachers and aides go “over the line” in their approaches to educate and discipline the students in their classrooms. In some instances, whether a teacher went “over the line” is a close call. In other situations, it is abundantly clear that a teacher went “over the line” and action should be taken to address the wrong.

In some instances, an informal reprimand will suffice. In others, additional action should be taken which may include a formal written reprimand, probation, suspension, educational courses, and, when appropriate termination. If the situation warrants it, there can even be an arrest if the actions of the teacher or aide constitutes a crime. As for a civil case or claim for compensation for the bad or negligent acts of a teacher or aide, each case must be evaluated on its own facts and merits to determine if there is a viable case or claim to pursue for compensation.

In Antioch, California, it was reported that a teacher duct taped the mouths of students in her class as either a disciplinary action or a joke of sorts. Either way, it is not appropriate to duct tape the mouth of any students in an elementary school or other school for that matter. You can read more about this story at East Bay Elementary School Teacher Accused Of Duct Taping Kids’ Mouths Shut. It was reported in this news story that there is audio tape of the teacher admitting to duct taping a student.

The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on School Injuries, Day Care Center Injuries, Damages / Compensation, and other topics. You can get this book for free at The ABCs of Child Injury.

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