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LegalEagle1
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This week my daughter brooklyn missed a day of school,of course

Customer Question

This week my daughter brooklyn missed a day of school,of course when she went back the next day she had work to make up. When she came home that day she told me that she was confused with what the teacher wanted her to do ..she's 8 years old by the way with a hearing impearement in her right ear..the teacher took h in a corner in front of the class and told her, ( I have 2 Bermise kids in here that can hardly speak any English doing better than you then grabbed her chin and said are you going to do better tomorrow! ) Brooklyn had a's and b's last year so I know that she tries and for the teacher to do this to her and embarrass her like that really makes me mad.now she's nervous to go back to school. ..what do I do I did post the incident on Facebook because I was so mad . A girl in Brooklyn's class saw this happen and told her mom , her mom just happens to be on the school board..the mom text me on Facebook to let me know that her daughter did see it happen
Submitted: 2 years ago.
Category: Legal
Expert:  LegalEagle1 replied 2 years ago.

LegalEagle1 :

Hello and welcome to JustAnswer.

LegalEagle1 :

I would like to help you with your question today. Are you available to chat?

Customer: Yes
Customer: My Internet is slow here so if you have an answer you would probably be better off just letting me know what I need to do instead of chatting on the internet
LegalEagle1 :

First off, I would like to say that I'm sorry that your daughter went through this. As a father of three children, I know how frustrating it can be when a teacher mistreats or speaks to your child in an inappropriate manner.

LegalEagle1 :

I can switch to the Q&A format if you would like.

Customer: That would be fine
Expert:  LegalEagle1 replied 2 years ago.
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Customer: replied 2 years ago.
Have you given me an answer or are you still checking on it ,I don't see anything...:)
Expert:  LegalEagle1 replied 2 years ago.
Yes sorry for the delay. Responses can take sometime to draft.

Almost all schools have a student handbook. You should review it and examine the sections that address missed school, makeup work and student discipline.

Then determine where your daughter's teacher action fell outside the guidelines. i would then notify the school principal as to your concerns. Even if the rules do not clearly define how your daughter should have been talked to by the teacher. Let them know how the interaction served to humiliate and embarrass her. The method employed by the teacher failed. Also let the school know that no one should grab your child by the chin. I am sure that school has a policy against physical discipline.

You mentioned that your daughter has a hearing disability. Yet I'm not clear exactly what role her disability played in this. Are you saying that this contributed to or caused her confusion? Or, that caused the teacher to speak loudly to her? Do you know if the teacher is aware of your child's hearing disability? Does she wear a listening device so it is obvious?

Please respond with the information about her hearing and any information you consider relevant. Also if you have additional questions please ask.

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Customer: replied 2 years ago.
The reason I mentioned this is because after I posted on facebook the incident teacher called me.she first said that she didn't touch brooklyn and then she admitted that she did.she said she may have been a little short with her ,and basically there were things going on in the classroom.brooklyn coldnt understand what the teacher was telling her to do. I asked the teacher if she knew that right on the registration paper that it is stated that Brooklyn has a hearing impearement in her right ear and that she needs to sit in the front of the class so she can hear. She told me that they don't see those papers.this has been in Brooklyn's records ever since we found out about her hearing problem
Customer: replied 2 years ago.
, You asked for more information regarding Brooklyn's hearing and I answered . Do you have any additional information regarding this?
Expert:  LegalEagle1 replied 2 years ago.
Yes, I received it. I wanted to review some information regarding the American Disabilities Act (ADA) before responding.

The ADA is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. Disability is defined by the ADA as "a physical or mental impairment that substantially limits a major life activity." The determination of whether any particular condition is considered a disability is made on a case by case basis. Certain specific conditions are excluded as disabilities, such as current substance abuse and visual impairment which is correctable by prescription lenses. Total hearing loss is covered by the ADA, I am not certain if a partial loss is. Based upon what you have said, it may be difficult to meet the requirement that the"impairment that substantially limits a major life activity."

Regardless, you should contact the school and inquire as to why they failed to advise the teacher of you daughters hearing impairment. To avoid the problem in the future, you may want to let all of her teachers know when the school year begins.

If you decide to document the incident in writing to the principal, be sure to relay the teachers initial denial and later admission acknowledging the wrongfulness of her conduct.

Reporting and documenting it now, may not result in any visible change or discipline against the teacher, but it will bring it to the attention of the school and put them on notice that you will not tolerate it continuing.

The information that is being given here should not be considered legal advice, for that you should contact and consult an attorney in your jurisdiction.

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If you have found the information that I have provided to be helpful, please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit for my work. If you have additional questions or need more information please ask.

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