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FL Teacher Sues Orange County District over "Kindergartner from Hell"
WND.com ^ | 06-01-03 | WND.com

Posted on 06/01/2003 5:24:54 AM PDT by Theodore R.

Teacher sues over 'kindergartner from hell' Claims disruptive boy caused 'loss of enjoyment of life'

Posted: June 1, 2003 1:00 a.m. Eastern

© 2003 WorldNetDaily.com

A veteran teacher has filed suit against Orange County public schools over the humiliation, emotional and physical distress, and "loss of enjoyment of life" she claims she suffered because the district failed to remove a disruptive child from her class, reports the Orlando Sentinel.

Teacher Cheri Dean (Courtesy: Orlando Sentinel)

"What I want out of this is justice," the paper quotes teacher Cheri Dean as saying. "What's so amazing is that these kinds of things are going on in other schools, and teachers won't say anything because they are intimidated."

The lawsuit contains multiple pages of examples of the boy's bullying and reportedly violent behavior at Lockhart Elementary in the fall of 2001.

Dean, 51, claims she kept a log of his misbehavior after the boy was reassigned to her classroom from another teacher's class.

Among the child's offenses, the suit details how he purportedly stabbed a classmate with a fork at lunch, started another fight and then told a teacher's aide to "kiss my butt."

On another occasion, according to the Sentinel, the boy hit two students, one in the back of the head and the other in the face, swung his fists at a third student and then punched a fourth who was reading, calling him an "ugly faggot."

Other students support Dean(Courtesy: Orlando Sentinel)

Dean said she repeatedly asked her principal to remove the child from the classroom, but was rebuffed.

"She was angry because no one was helping her or helping the child, who wasn't at a place where he should have been," Don Dean, the teacher's husband told the paper.

It is unclear to what extent the parents of the child were consulted on the matter.

Ultimately, Dean was reassigned to Catalina Elementary.

According to the Sentinel, school records indicate she had become disruptive to the school. She was reprimanded for filing a false complaint against her principal just before her transfer.

The school district's attorney defended the administration's handling of the matter.

Frank Kruppenbacher told the Sentinel a committee considered Dean's complaints, the child's behavior and how it affected the rest of the class before recommending that the student remain in the classroom.

Kruppenbacher also questioned the authenticity of Dean's log about the boy's actions.

"I find it incredible that anyone would put this kind of litany of student problems in a court case," he said.

As for the boy, he has mended his ways, according to his mother, who describes him as easily bored, wound-up and has trouble sitting still.

"There's been no fighting, no kicking and no punching at the new school," she told the paper.

At the same time Dean was transferred from Lockhart Elementary, the boy was transferred to a nearby school where certain teachers are certified to deal with challenging students.

Dean didn't fare as well from her transfer. The veteran of 18 years claims the events of the fall of 2001 so traumatized her she has been on medical leave since last fall, using all the sick days she had collected through the years, reports the Sentinel.

She has formed an informal group called Teachers Against Violence in Classrooms.

Supporters describe Dean as a good teacher. The week she left Lockhart Elementary, parents held signs in front of the school protesting her departure.


TOPICS: Culture/Society
KEYWORDS: education; kindergarten; orangeco; publicschools; pupil; schools; suit; teacher; unruly
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To: PatrioticAmerican
I sat next to a screaming kid in Wally-Mart and screamed as loud. The "mother" about cried from the attention I drew to her screaming brat. A few adults applauded. The kid shut up.

LMFAO!!! Outstanding! Will keep in mind.

One thing I can't abide is somebody not keeping a tight enough leash on their spawn. I am a firm believer in "children should be seen and not heard". My brothers and I were uncommonly good kids in public because we knew Pop would go apesh!t if we embarrassed him.

101 posted on 06/01/2003 2:57:15 PM PDT by maxwell (Well I'm sure I'd feel much worse if I weren't under such heavy sedation...)
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To: Bloody Sam Roberts
" It lasted for 15 minutes. She then went to sleep right where she lay."

Wow, when my 2 1/2yr old starts a fit you can expect him to lay there an scream for a good 30-45 minutes. And that's if you ignore him totally and don't even look at him. If you put spank him and put him on the couch for time out until he stops the fit it can go on longer.
102 posted on 06/01/2003 3:00:13 PM PDT by honeygrl
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To: radiohead
"or on a good day, throwing an eraser across the classroom to bean an unruly student. "

A teacher did this once to a fellow student in middle school (public school) when I was there. He got fired.
103 posted on 06/01/2003 3:04:09 PM PDT by honeygrl
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To: maxwell
I got called by the school once. Wanted to know if they could give my son three pops. I told them absolutely not. The principal asked me why not. I told him 3 swats only going to make him mad and besides that was my job. I informed the guy that I would be there in 15 minutes and spank my son's butt, good. When I arrived the principal told me that it was ok. Said something about he and my son had discussed the problem and he didn't expect it to re-occur. I asked "are you sure, I mean, I'm already here and I really don't mind:')
104 posted on 06/01/2003 3:05:13 PM PDT by CindyDawg
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To: honeygrl; All
That's because if we spank them in public anymore someone calls DFCS and gets them taken away for "abuse"

Truer words were never spoken. Here in Massachusetts, parents live in quaking terror of the 21st Century version of the witch-hunt spearheaded by DSS and its legion of "mandated reporters." You always have to be extremely careful whenever you speak to a teacher, nurse, day care worker, etc. lest one of these self-appointed judge/jury/executioners takes it upon herself to report something they don't like to the state.

My brush with DSS came out of a tantrum my daughter threw in the car on the way to day care one morning. When we arrived at the preschool, I mentioned it to the teacher in the hope of redirecting her inappropriate behavior, and left because the tantrum had already made me late for work. Nothing was said to me when I picked my daughter up later that day to indicate anything was wrong, nor anything the following school day. However, when we came home from the school, a notice was plastered on my door that DSS had been to our home and would be returning the following day for an inspection. The staff at the school pretended they knew nothing about the notice, so I thought perhaps a neighbor (see below) or someone else had called DSS. I was completely in the dark as to how such a thing could have happened.

As soon as I found the notice, my employers retained their attorney on my behalf, and I spent the whole night online researching what to do in such a situation. Upon the attorney's advice, I let DSS into my home and allowed them to conduct a full investigation. The DSS caseworker isn't supposed to tell you who filed the report against you, but she seemed to have an immediate sense that nothing was wrong in our home. She left her casefile upside down in front of me in such a way that I could read the teacher's name without her having to say anything. Boy, was I stunned! When all was said and done, the matter was dropped because the allegations were completely unfounded. Still, it took two weeks before they cleared me, and it was hell waiting for their decision to come.

The teacher could have taken any number of different approaches instead of immediately calling DSS on the morning of my daughter's tantrum. She could have first consulted with the director of the school about how to handle the situation, but she didn't. She could have requested a parent-teacher conference with me if she felt my parenting skills were lacking. She could have documented the episode with a memo in my daughter's file at the school. Instead she decided it was her responsibility as a "mandated reporter" to hit the panic button and permanently tarnish my reputation by involving DSS. The director of the school, oddly enough, couldn't understand why I pulled my daughter out of the place the minute I had been cleared. I had been bringing my daughter to that school five days a week for over two years, and there were just no words that I could find to describe my level of shock and anger at such a consummate betrayal of trust. Since my daughter was transferred to another preschool, there has never been one single episode where the school has been concerned over her behavior. It was just one "mandated reporter" going over the line at the expense of my reputation as a parent.

I just had to share my experience, because it's situations like this which really do thwart effective parenting and discipline. You see, I've also got another "mandated reporter" to worry about. My next door neighbor is a kindergarten teacher at the school where my daughter will be enrolled this year. She sits on her deck day and night with a beer in her hand and watches everyone's comings and goings. She's the type who calls the cops at the first sign of anything she doesn't like, so I can just imagine how quickly she'd phone DSS if she ever heard a tantrum coming from our house. I just keep the shades drawn and count the days until we move from here, but not many parents have the luxury of eluding the "mandated reporters" so easily.

OK, end of rant ... :-)

105 posted on 06/01/2003 3:08:39 PM PDT by buickmackane
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To: Marie
"My friend's son was causing problems in his class in 7th grade. She told him that if there were ONE more problem, she would take two weeks off from her job to escort him to class every day. She would then sit by him in class (not quietly), in lunch, cheer him on in gym. She would tell the other students that he talked back to the teacher because he reallly did miss his mommy. "

Now THATS great!!! I'll have to remember that for future reference.
106 posted on 06/01/2003 3:09:30 PM PDT by honeygrl
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To: buickmackane
Now wait... I'm confused. Your kid was pitching a fit, and the teacher assumed that her behavior was due to some abuse/neglect/wrongdoing on YOUR part?

Now if you'd hauled off and smacked her a$$ in the middle of the parking lot like the good Lord intended, I can see where the school would've called somebody. I don't get it.

107 posted on 06/01/2003 3:14:43 PM PDT by maxwell (Well I'm sure I'd feel much worse if I weren't under such heavy sedation...)
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To: honeygrl
Sounds like he needs to be put down.

But then, I was a good and respectful kid and I don't have children of my own.
108 posted on 06/01/2003 3:16:30 PM PDT by Skywalk
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To: The Red Zone
"If you told him to stop that tantrum and he didn't, isn't that a direct defiance? I don't think you should beat his butt bloody for it like some seem to be eager to do, but pulling him upright and giving a quick swat of your hand on the seat of the pants after he ignores your command to stop the tantrum, then telling him again to stop, would be fair. "

Here's the problem with spanking during a tantrum. hey scream/kick/cry. You spank. Screaming/crying gets louder. You spank, tell them to stop. Tantrum gets worse to the point of the child not being able to calm down even if they wanted to at that point. But, I can't give you any better solution for a tantrum since i'm still working on it myself.
109 posted on 06/01/2003 3:19:12 PM PDT by honeygrl
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To: honeygrl
That would be because of Gov. Bushs policy on education.

Is there a problem with the upgrade in the schools performance?

110 posted on 06/01/2003 3:24:22 PM PDT by ThreePuttinDude (The New York Times-National Enquirer...one and the same)
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To: maxwell
"Dude, you got more, uh, tolerance or something than I ever will. If I ever get anklebiters (G-d forbid), I will regard any such behavior as a reflection on ME, and a bad one at that, and accordingly get medieval on somebody's little heinie."

Well, don't be too hard on yourself because when they turn two, they are possessed by satan for a while. You sit and wait for their heads to spin full circles and peas to spew forth.
111 posted on 06/01/2003 3:29:58 PM PDT by honeygrl
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To: honeygrl
...you can expect him to lay there an scream for a good 30-45 minutes.

She'd had a few of those also. The one on tape was only 15 minutes or so. She's had some beauties that were much more...grandiose.

112 posted on 06/01/2003 3:34:09 PM PDT by Bloody Sam Roberts (®)
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To: buickmackane
It sounds to me as if your missing a perfect chance to out
a nosey buttinski. Report it for the record that the teacher
has caused your child distress. Heck, you've had to change schools
now the child has to get aquainted with new kids, sounds like teacher induced distress to me....8^)
113 posted on 06/01/2003 3:35:06 PM PDT by ThreePuttinDude (The New York Times-National Enquirer...one and the same)
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To: ThreePuttinDude
"Is there a problem with the upgrade in the schools performance? "

No, just noting that the school had low grade. When I was in school, C's were not acceptable.
114 posted on 06/01/2003 3:38:18 PM PDT by honeygrl
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To: The Red Zone
If you told him to stop that tantrum and he didn't, isn't that a direct defiance? I

You cannot reason with a child throwing a tantrum. It's like reasoning with a CEO on a tirade. It's like telling a teen girl to stop crying.

115 posted on 06/01/2003 3:38:29 PM PDT by AppyPappy (If You're Not A Part Of The Solution, There's Good Money To Be Made In Prolonging The Problem.)
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To: honeygrl
Of course, hindsight is 20-20, but I'm convinced that most parents don't get a grip on the tantrum thing early enough. I think a parent must resolve, before the first one ever occurs, to respond immediately and with such an unpleasant response that the child is never going to attempt that behavior again. Same with biting. Both the temper tantrum and the biting incidents usually occur before age 18 months... Children can learn proper behavior at even that young age. If a child is throwing a tantrum at age 2 or older, the parent has started to lose the authority they need to guide and discipline effectively.

But nowadays it seems that parents are more interested in understanding such behavior in their children, rather than in curtailing it.

I did this with my own two children (now ages 26 & 16) and we never had a second incident with either one. (We also homeschooled!)

116 posted on 06/01/2003 3:39:57 PM PDT by RightField (the older you get ..... the older "old" is ......)
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To: maxwell
accordingly get medieval on somebody's little heinie

When you become a father, you learn that you must command authority with love. For instance, I have spanked my son a million times but I have never laid a hand on my daughter. Yet they both respond the same.

117 posted on 06/01/2003 3:40:27 PM PDT by AppyPappy (If You're Not A Part Of The Solution, There's Good Money To Be Made In Prolonging The Problem.)
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To: Bloody Sam Roberts
My mom did give me a good idea on how to punish bad behavior in public where no one would notice what you are doing. Rather than spanking, pinch them LOL. Just don't leave a bruise.
118 posted on 06/01/2003 3:40:39 PM PDT by honeygrl
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To: RightField
"Of course, hindsight is 20-20, but I'm convinced that most parents don't get a grip on the tantrum thing early enough"

So how do you punish a 6mth old throwing a tanrum? That's when my son had his first tantrum and I flat out refuse to spank or yell at a 6 mth old.
119 posted on 06/01/2003 3:42:29 PM PDT by honeygrl
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To: buickmackane
I don't know about Massachusets, but in NC if DSS comes after your kids you have NO rights. All constitutional rights go out the window. And as we've seen in a couple of cases in Charlotte you darn well may never see any of your kids again, even if the charges are proven in court to be fraudulent.

They have a point system that rates you, according to our local news station (WBT on 11/27/2002). If you rank more than 8 points, they take your kids. If you rank fewer than 8, they can still take your kids if the caseworker doesn't like you.

1. You have one point simply because we are here.
2. You get one point for each prior complaint we have received about you.
3. You receive 1 point for each child you have. The first two don't count. If you have 4 children, that's 2 points.
4. If there is only one adult at the resident, you receive 1 point.
5. If the primary caregiver is less than 29 years of age: 1 point.
6. If the primary caregiver "appears" to lack parenting skills: 1 point. If the primary caregiver "appears" to have low self esteem: 1 point. If the primary caregiver is handicapped: 1 point. If the primary caregiver is apathetic or hopeless: 1 point (that oughta cheer them up).
7. If the primary caregiver is involoved in a "harmful relationship": 1 point.
8. If the primary caregiver abuses alcohol: 1 point. abuses illegal drugs: 1 point other substance abuse: 1 point. (I wonder if that includes tobacco?)
9. If the household has financial stress or difficulties: 1 point.
10. If the primary caregiver is unmotivated to improve his/her parenting skills: 1 point. If he/she IS motivated, but has unrealistic expectations of possible improvement: 2 points. If the primary caregiver is uncooperative: 3 points.
11. If the primary caregiver has a negative attitude toward the investigation: 1 point.

If some "good citizen" were to call DSS about you 8 times, you automatically lose.
120 posted on 06/01/2003 4:14:29 PM PDT by gitmo (THEN: Give me Liberty or give me Death. NOW: Take my Liberty so I can't hurt Myself.)
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