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LawTalk, Attorney
Category: Education Law
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Satisfied Customers: 24347
Experience: I am an attorney with nearly 3 decades of experience in a wide variety of legal areas, including Educational Law.
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My grandson who is six yrs old is a great kid, fun loving top

Customer Question

My grandson who is six yrs old is a great kid, fun loving top of his class accacemically and artistic and very independant but has a problem with some of the boys in his classroom. The boys surrounded him outside for many many days at lunch recess. So much that he ran and hid and cried as he was fearful of all these kids.This happened for the first two months of school. These kids often confront him such as yell at him and they won't leave him alone. My grandson is not a tatal tale as these boys are so he doesnt tell on them yet when he finally defends himself which he usually pushes them away or says some form of defense tactic from tv or video games he gets written up as being bully. Granted using physical defense may not be the right thing to do nor using rough words (once he told a boy that was in his face and kept telling him what to do to "get away or I'll brake your wrist")but I certainly would not classify this type of behavior as bullying or harrassment as so indicated by his teacher. I taught elementary and spec ed for 25 yrs and I sure wouldnt call it that. Maybe offensive or aggressive language but not bullying or harassment. What do you have to say about this? I these blue notes he recieves will go into his school file which can affect him for life. Sincerely,Christine Mersmann

Submitted: 1 year ago.
Category: Education Law
Expert:  LawTalk replied 1 year ago.

Good morning Christine,

I'm sorry to hear of the situation.

While I don't want to appear contrary, and after all, were are talking about 6 year olds, the fact is that threatening to break someone's wrist, said when physically situated to act on such a threat constitutes assault under the laws of the State, and given today's hyper vigilance relating to anything remotely resembling violence on school campuses is treated rather harshly.

Gone are the days when kids were kids, and the learned to stand up for themselves by getting into scuffles here and there. School districts for the most part are very PC oriented these days, and any behavior that does not fit the harmonious ideal striven for is going to be punished.

I empathize with the fact that your grandson is generating a negative record based on his attempts to defend himself---but todays atmosphere in so many schools is to promote the theory of "telling" on another student, as opposed to working things out by yourself.

I have found that confronting the teachers and the principals at the school in instances of bullying does not always have the desired effect. Often they have their minds made up already, and are reluctant to listen to reason.

You might consider taking the matter up with the district Superintendant personally. Often this top-down approach gives you a better opportunity to speak on behalf of your child, and it is unlikely that the Superintendant has any particular predisposition to favor one child over the other.

I hope that you found my answer informative, that you are accepting of my efforts and that you will rate my efforts based on the knowledge I have provided to you.

I wish you the best in 2012.

Thank you.

Doug

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