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Old 06-01-2003, 06:42 AM   #1 (permalink)
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Teacher sues over "kindergardner from hell"

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


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.

"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."

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.


I can understand why she's pissed.
Kids are fucking animals. Parents let kids do anything they want at home and teach them nothing.
How can you expect kids like that to behave at school and listen to other adults when they don't even listen to their own parents?
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Old 06-01-2003, 06:54 AM   #2 (permalink)
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Yes, except I don't place blame on the parents, as you know.
Anyway, this is why I quit teaching.
It's worse than anyone who hasn't done it can imagine.
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Old 06-01-2003, 07:18 AM   #3 (permalink)
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Old 06-01-2003, 07:23 AM   #4 (permalink)
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I think there's a problem if a Kindergartner is calling kids "ugly faggot." I didn't know any profanities other than "shit" and "Damnit" until I was in fifth grade, and it was another two years before I learned what "fuck" meant. I didn't hear the word "faggot" until around eigth grade.

They need to make sure this kid's parents are trying to control the kid at home.
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Old 06-01-2003, 07:36 AM   #5 (permalink)
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Quote:
Originally posted by MrSelfDestruct

They need to make sure this kid's parents are trying to control the kid at home.
Couldn't agree more. Problem is, you can't make a parent listen. And you sure can't make them parent.

The article says it is unclear whether the parents were consulted. It stands to reason they were, every step of the way. And they obviously failed. Many teachers last less than five years. But this one was in the system for 18. She was probably very good at what she did, and actually cared enough that a situation like this would hurt deeply. I feel bad for her, the other students in her class, and our schools in general.

The blame does lie with the parent. We are talking about young kids here. Everyone else in the class for 18 years was well enough behaved. The parents raised a monster. Don't even tell me there weren't warning signs of this: filthy language, violence, temper problems, etc. These kids parents just don't care - and others suffer because of it.
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Old 06-01-2003, 07:50 AM   #6 (permalink)
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Can't wait for the poor teacher's book and movie of the week.
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Old 06-01-2003, 07:54 AM   #7 (permalink)
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Anybody know the outcome of the suit? My wife was in a similar situation. Except the entire district wanted the kid gone he was that violent. Except the mother kept threating to sue the school district and they gave them everything they wanted. They had a full time teacher assigned just for this one student. Contructed a 15 thousand dollar time out area, which the child destroyed. The teachers were not allowed to use their hand in any way on the child the only they they could do to prevent the child from running out of the building was to stand in front of him.
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Old 06-01-2003, 08:06 AM   #8 (permalink)
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Quote:
Originally posted by Frowning Budah
Anybody know the outcome of the suit? My wife was in a similar situation. Except the entire district wanted the kid gone he was that violent. Except the mother kept threating to sue the school district and they gave them everything they wanted. They had a full time teacher assigned just for this one student. Contructed a 15 thousand dollar time out area, which the child destroyed. The teachers were not allowed to use their hand in any way on the child the only they they could do to prevent the child from running out of the building was to stand in front of him.
My mother taught second grade for thirty years. Her final year, she had a kid who refused to sit in his desk. Moreover, he "scooted" himself around the room, in a half-crawling, half-mopping-the-floor style.

Same deal, Budah. Can't touch the kid, can't stop the kid from disrupting the class in this way, can't send to the office every day - so she was told to tell the rest of her class to ignore him. Perhaps not suprisingly, the mother was no help.

The bottom line is that it is a shame for the kids who may have actually been trying to learn.
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Old 06-01-2003, 10:42 AM   #9 (permalink)
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Re: Teacher sues over "kindergardner from hell"

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Originally posted by sixate
Kids are fucking animals. Parents let kids do anything they want at home and teach them nothing.
How can you expect kids like that to behave at school and listen to other adults when they don't even listen to their own parents?
You read my mind on this one. If the kids aren't getting disciplined at home, they sure as hell aren't going to be behaving themselves or listening to anyone with any sort of authority.
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Old 06-01-2003, 10:43 AM   #10 (permalink)
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please don't stone me..... just my opinion.

okay...... miss teacher.... GROW UP.

jesus. i can see her quitting or being transfered or doing something harsh to the demon spawn, but come on. have a nice hot cup of STFU already.

america - the land of stupid ass "please let my employees fuck me over" lawsuits.
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Old 06-01-2003, 11:02 AM   #11 (permalink)
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Z - when you are assigned a job that you didn't sign up for, that turns your life into a living hell, let's see if you STFU and then we'll decide if it's because if it's because you're intimidated or because you feel you were just *meant* to suffer in life.
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Old 06-01-2003, 11:02 AM   #12 (permalink)
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The kid obviously has AD/HD.
You can't teach or control someone like that with normal methods of discipline.
They need to develop coping mechanisms and in some extreme medication.
It's hard to get parents who have buried their heads in the sand to cooperate in cases like this.
The teacher was justified in trying to separate the kid from the rest of the class.
He needed to be with someone who was trained to work with kids with ADD and AD/HD.
I'm not sure about the lawsuit but I do feel that it is a good way of bringing attention to this kind of problem.
The schools, even though they get money from the feds for Special Education, do not give the support or funding necessary to take care of problems like this.
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Old 06-01-2003, 11:06 AM   #13 (permalink)
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hey Whoaits, gonna tell me to grow up, too?

I'm a high school teacher in a special portion of the school district. All I have are these children who are "uneducatable". They've been in and out of jails, expelled from every school they've attended, and laugh at a failing grade. They don't care, and in most cases, neither do their parents.

For you or anyone else to sit there and tell the teacher to shut the fuck up and quit her whining is appauling. I applaud this woman for finally standing up and saying, "I'm not going to let your child abuse me anymore."

I am expected to take whatever your children throw at me, aren't I? I am a peon of society as a teacher, yes? I don't think so. I don't think that just because I chose this career path it means that your children have the right to physically and verbally abuse me.
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Old 06-01-2003, 11:50 AM   #14 (permalink)
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well i never did anything like that... once i asked a teacher if i could go to the bathroom and she said no... i waited like 5 minutes and then asked again saying i needed to go and she was like "no just wait class is over in 10 minutes" i just turned around and started running towards that bathroom... only made it half way before a threwup all over the hall floor... hehe that was like 2nd grade...

but i could never imagine being so disrespectful and rude to my teachers...
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Old 06-01-2003, 12:08 PM   #15 (permalink)
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Quote:
Originally posted by redravin40
The kid obviously has AD/HD.
I personally think thats a cop out. Not every kid who is disruptive or just plain mean has a disease. Whatever happened to someone just being bad? Can no one just be bad anymore? Does everyone have to have a mental disablity these days? I am not saying he can't have it. I think ADD and AD/HD IS a real disease. It just only effects about 3 people. I bet if we looked at this home life we could get a better idea of where this behavior comes from. But thats just my opinon.
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Old 06-01-2003, 02:53 PM   #16 (permalink)
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Quote:
Originally posted by BBtB
I personally think thats a cop out. Not every kid who is disruptive or just plain mean has a disease. Whatever happened to someone just being bad? Can no one just be bad anymore? Does everyone have to have a mental disability these days? I am not saying he can't have it. I think ADD and AD/HD IS a real disease. It just only effects about 3 people. I bet if we looked at this home life we could get a better idea of where this behavior comes from. But thats just my opinion.
Not sure if you meant 3% of the people but the rate is a little higher.
Since I work with people with disabilities I see people with learning disorders every day.
I also see the results when people become adults without learning the skills it takes deal with those disorders.
They lead terribly chaotic lives and have a very hard time.
Yes, it is possible that the kid has a personality disorder or comes from a bad home.
However when you see a constant pattern of that kind of behavior from someone that young there are usually more complex reasons then just being a brat.
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Old 06-01-2003, 07:31 PM   #17 (permalink)
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Originally posted by JadziaDax
hey Whoaits, gonna tell me to grow up, too?
of course not. i have no reason to tell you to STFU or grow up. i read your work your journal quite often and am impressed.
Like i said, Please don't stone me... anyway.

so I disagreed.. and still think sueing is extreeme. however, i will say that I am unsure how long she may have complained about this Damien wannabe? I read the article a few times and my eyes are either overlooking that info or it isn't there. i am real good at overlooking info on paper (screen)


Quote:
For you or anyone else to sit there and tell the teacher to shut the fuck up and quit her whining is appauling. I applaud this woman for finally standing up and saying, "I'm not going to let your child abuse me anymore."
very cool. just a disagreement.
Quote:
I am expected to take whatever your children throw at me, aren't I? I am a peon of society as a teacher, yes? I don't think so. I don't think that just because I chose this career path it means that your children have the right to physically and verbally abuse me.
not at all. I don't expect anybody to 'put up' with problems that can be avoidable. that's just simply ignorant.
i'll also state sinceere admiration for teachers too. one of my old teachers, though i've been out of school eight years, and i still talk and visit each other frequently. you guys have a very tough, underpaid careere.

and if i saw anybody assaault anyone i'd do my damndest to stop it.

so i'm not saying 'hang the bitch'. i'm just saying that I think sueing the school district is a little extreeme.
i'll admit that a hot cup of STFU may have been uncalled for, also. all apologieze.

however, untill i see more info i still stick with sueing being a bit much.
if i'm overlooking details, by all means show me. i hate the idea of missing a piece of info cuz i'm overlooking it.

put down the rocks, man.
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Old 06-01-2003, 10:10 PM   #18 (permalink)
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Didn't sound like the child did anything very serious to prevent "Enjoyment of living". If you let a small kindergartner get to you, you're no worse than he is. My mom had to put up with teaching all the little shits at Oakland Webster, she didn't complain because she knew what was in the job. Oh yeah, she has MS and could barley walk at the time and she still didn't let them get to her because she loved to teach and she felt it was her job to shape the children because their parents refused too.

I have great respect for any teacher, but a lawsuite over a out of controll 5 year old? Give me a break...
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Old 06-02-2003, 04:54 AM   #19 (permalink)
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Originally posted by Soothe
I have great respect for any teacher, but a lawsuite over a out of controll 5 year old? Give me a break...
If that one 5 year-old is causing enough havoc to take away from the education of the other kids in the class, something needs to be done. This was his SECOND teacher; he was transferred from another class and after this teacher was moved, he was transferred AGAIN. I say that's a pattern of behavior, don't you?

As a teacher... walk a mile in my shoes. Five years old or 16... one kid can destroy a classroom - both physically and mentally.

As a parent... if your child is the one screwing my kid out of the education he/she's supposed to be getting, I'm adding my name to the lawsuit and your name to the list of people being sued.
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Old 06-02-2003, 05:25 AM   #20 (permalink)
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rofl, she'll probably get 24.8 million dollars for emotional distress.

Americans amuse me.
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Old 06-02-2003, 05:28 AM   #21 (permalink)
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The problem is is that parents don't have that control over their kids anymore, they can't hit them or discipline them like we used to be.
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Old 06-02-2003, 05:36 AM   #22 (permalink)
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Quote:
Originally posted by WhoaitsZ
please don't stone me..... just my opinion.

okay...... miss teacher.... GROW UP.

jesus. i can see her quitting or being transfered or doing something harsh to the demon spawn, but come on. have a nice hot cup of STFU already.

america - the land of stupid ass "please let my employees fuck me over" lawsuits.
Z, thats the first thing I thought about!

But there is definitely more to the situation. No, she should not have been placed in a situation where she had to deal with this, the parents should have taken action.

Like GoldenOuruboros said, the kids are not and can not be disiplined at home like they used to. I am 18, and I sure as hell got my ass kicked when I fucked up...I do not know what is wrong with the rest of the nation...

Thats what kids need!! Parents need to start being parents and not friends...
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Old 06-02-2003, 06:47 AM   #23 (permalink)
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The kid was trouble we all seem to get that, but what surprises me the most is the fact that she's been on leave since last fall. Right now I just find it hard to believe that the child alone accounts for her needing that much time off. It seems like she had a complete breakdown or something....
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Old 06-02-2003, 09:30 AM   #24 (permalink)
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that was what I was trying to say earlier.

how can a kindergarten kid cause so much 'emotional stress' that the victem must sue?

I'm not trying to pass judgement, but that sounds very wrong.
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Old 06-02-2003, 10:31 AM   #25 (permalink)
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Trust me...kids can cause LOTS of emotional stress, especially if you're dealing with them every day. My mother once had her life threatened by a student. This brought on a bout of post-traumatic stress syndrome (she was beaten by an ex-husband) which spiralled into depression. She ended up in the mental ward for a week, because of one button this kid pushed. Yes, my mother's case is a little extreme, but even now that she's recovered, she still works with children, and I still see how they can cause you such stress.

For instance, some kids treat my mother in such a manner that in normal society we would call it harassment, but because our school system is too tolerant, they get away with it. These kids are bullies. They bully other children, they bully their teachers, they bully the aides who are trying to help them. Schools are just starting to wise up to what bullying can cause other children to do.

Perhaps this lady is being a little rash by suing, but we don't know all the circumstances, and we certainly weren't in her shoes. I've had terrible teachers and I've had great ones. But there's no doubt in my mind that that woman did not need that child in her classroom, and no teacher, good or bad, deserves that. Not only was he making life miserable for her, he was ruining the learning experience for other children.

The one good thing I see coming out of all of this is that perhaps the school systems of the United States will wake up and realize that bullying extends beyond children v. children. Kids can bully their teachers as well.
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Old 06-02-2003, 12:26 PM   #26 (permalink)
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i see. well said, onesnowyowl. makes more sense to me now.

couldn't she take a 'leave of absence' or some such if she needed to?
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Old 06-02-2003, 12:45 PM   #27 (permalink)
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Still, I'd think that this child wasn't the sole source in this woman's life that caused her all these problems. She took over a month off... Onesnowyow, you said your mother received a death threat from a student and that she was in a mental ward of a week. I'd think that was worse than this case in every way and this lady, Cheri Dean, is still out for more time. Yes, this little bad child may have been the straw that broke the camels back but that doesn't mean she should place the responsible of all her problems and ailments on what this child did. I guess what I'm saying is that I hope this case doesn't end with some outrageous monetary award. Of course I think teachers should retire before they’re 51 also…
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Old 06-02-2003, 12:59 PM   #28 (permalink)
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My mother's being in the mental ward for a week is only one small piece of the time she took off...she worked for about a month that year before everything went down, and she didn't go back until the next fall. Thank goodness for health insurance, otherwise the bills for her counseling and psychiatric visits would have been enormous.

I'm not saying suing is the right thing to do...what I'm saying is that I understand where she is coming from. Generally, though, I would say we live in a sue-happy country...and it's become America's most popular way of making a stand. I think the weight of the woman's struggle is discounted by her legal action. If she had found another way to bring her situation to light, I think she would have a lot more credibility. But I also applaud her for being unwilling to be pushed around by a student and her school district.

That brings up another question...where is her union in all of this?
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Old 06-02-2003, 06:27 PM   #29 (permalink)
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I do blame it on the parents. They obviously have not taught the child any respect or anything for that matter. If you can't control a child, don't have one.
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