Lawsuit: Ind. teacher tried to sicken autistic boy

[n2doc]

By DEANNA MARTIN
Associated Press Writer
8:38 p.m. CDT, October 9, 2009

INDIANAPOLIS - The mother of an 8-year-old autistic boy with severe peanut allergies said Friday that an Indianapolis teacher gave her son a peanut-filled candy bar in hopes of making him sick so he wouldn't go on a field trip.

A lawsuit filed by the boy's mother, Anita Young, alleges that special education teacher Trinda Barocas told a classroom aide that the boy would likely misbehave and "maybe he could be sick enough not to attend and we won't have to deal with it." Young said her son, Jacob, who is mostly nonverbal, gets hives and experiences swelling if he merely touches peanuts.

Officials at Mary Bryan Elementary School in Indianapolis contacted Young in March after classroom aides reported that Barocas mistreated the boy, who was 7 at the time, and another child.

"She knew how severe his allergy was," Young said Friday. "To tempt a child with something that could take their life -- honestly, it blows my mind. I think that she should be held accountable for what she's done."

Jacob didn't eat the candy bar, probably because he does not eat unfamiliar foods and didn't recognize its yellow wrapper, his mother said.

more:
http://www.chicagotribune.com/news/chi-ap-us-candybarlawsuit,0,598103.story

[KittyWampus]

1. my jaw dropped. wtf? Isn't this criminal behavior?

[varelse]

2. that's like... attempted murder

:wtf:

[Tigress DEM]

15. Why should it even BE a lawsuit? It should be a criminal trial.

An attempt to harm that could have resulted in his death. Unintentional manslaughter is the term, I believe.

[OmmmSweetOmmm]

18. Yep!!!

:grr:

[dsc]

3. Good Lord

This is beyond belief I am speechless. Throw this woman under the jail.

[tonysam]

4. Assuming that's what prosecutors decide

I think it is wait and see here.

[kestrel91316]

5. If it actually happened (and there is always the possibility that the whole thing is just

a fabrication but a nutball parent) then throw the book at the teacher. That's attempted murder.

But having been the victim once of a completely baseless accusation by a nutball (who later was declared a vexatious litigant), I do know firsthand that people do sometimes just completely make horrible shit up when they are vindictive and you get in the way of their agenda.

Just sayin'.........

[tonysam]

6. That's the problem with this

There are SO many bullshit civil lawsuits where teachers are the targets it isn't funny; yours truly is a defendant in a fake civil lawsuit which has gotten some regional publicity.

What pisses me off is the local media mentioned my name and another staff member's name, so, even though the civil action is groundless, the mentioning of our names by the paper damaged our reputations.

The thing is the plaintiff and her lawyer will clean up with the insurance company. This is what will happen here if the prosecutors find out there is little to the allegations.

Unfortunately for my school district in my case, they fucked up when they terminated me on fake charges having nothing to do with the civil action. I have notified the district's law firm that because of the wrongful dismissal, I am not cooperating further in the civil action.

[liberalhistorian]

37. And how do we know that what YOU are

claiming is the truth? Being the daughter of teachers and having grown up surrounded by teachers, I well know how they can refuse to recognize the wrongness of an action and always blame the student and parents instead.

[Iggo]

9. The story at the link says...

...the school contacted the mother after classroom aides reported that the teacher mistreated the boy.

[tonysam]

12. If the prosecutors find enough to press charges,

then it's probably over.

School districts all over the country are increasingly saddled with teachers who aren't all there, since senior teachers and other "troublemakers" are tossed out on their butts and psychological misfits replace them. School districts also have problems with bad administrators, but unlike teachers, it is almost impossible to get rid of them.

[Odin2005]

21. Yep. And DUers wonder why I don't have good opinions of teachers in general.

Too many mediocre simpletons, authoritarian jerks, and people messed up in the head. I still have PTSD from the emotional abuse.

[liberalhistorian]

36. Please don't think that of all of them, Odin.

My parents were teachers for forty years before retiring, and most of their friends were teachers, so I was surrounded by teachers while growing up, both at school and at home. My parents were the first to report teachers who pulled shit like that and even got in trouble a few times because some of the teachers they reported and called out were popular with the administrators (90% of whom are completely useless, frankly, yet they make far more money for doing far less, except get in the way). And their colleagues and friends were the same way. And they'd be the first to admit that, yes, there are simpletons and authoritarian jerks in the ranks, but ALL professions have their bad apples.

And I, too, have had my share of teachers like that, as has my aspie son. Fortunately, the difference between when you and I went to school and when my son did (which is now) is that such "teachers" are far more likely to be recognized and disciplined and far less likely to be tolerated. In the "old days", meaning the not-too-distant past, conformity was the expected norm and any child who displayed any "differences" was likely going to have problems. I remember that well. But I've also had to go to bat for my son with a few teachers, who would encourage and laugh with those students who pushed my son's buttons but who would then discipline my son when they knew how he'd react to the button-pushing in the first place. My mom and I put a stop to that shit, my mom's especially effective because, as a retired teacher herself, she knew how to talk to both teachers and admins. 10-20 years ago it likely would have been much more tolerated; there was also little recognition of the very real damage such treatment, by both students and teachers, did to the affected student who not only had his disability to contend with, but the cruelty of his fellow students and the very people who were supposed to be on his side, the teachers.

And there are plenty of teachers who are working hard to call out and stop such teachers and to hold them accountable. And if this story is true, or even if only the part about her mistreating the boy is true, and not the candy bar part, she should have her license permanently revoked, face criminal charges and should never be permitted to work with children again. Period. And if the candy-bar offering part is, indeed, true, then she should have her ass thrown in jail for a good long time.

[tonysam]

38. The problem is the workplace is SO political,

many, many teachers are being sacked on bogus charges while the administrators get away with everything in the book.

Whether a teacher stays or is fired has little to do with "competence" but everything to do with how connected they are. A generation ago, this wasn't the case, but now it is.

As I've mentioned before, the New York City public schools system ground zero for this filthy trend of subverting tenure laws in order to save on the bottom line. The massive number of firings and rubber room "incarcerations" have nothing to do with real incompetence or dangerous teachers, both of which are rare. There are many NYC teacher blogs and the Teachers.net New York teachers chatboard which tell the ugly story.

[liberalhistorian]

41. I certainly agree with things being much more

political; my parents were very grateful that they retired just as that was starting to happen 'cause they saw it coming a mile away. And most admins have always been able to get away with everything in the book. Teflon do-nothing deadweight, as my parents called them. Everything was always the teacher's fault, no matter what. When a parent wanted to know why his darling little Johnny was failing, he didn't want to hear that it was because Johnny wasn't doing his homework or any assigned work and wasn't cooperating in class. No, it had to be the teacher's fault, always. And the scaredy-cat admins always took the parent's side.

[Odin2005]

56. Oh, I had plenty of good teachers too, don't get me wrong.

But that doesn't cure my PTSD.

This Aspie wishes your kid luck! :hi:

[donco6]

45. Yeah we know.

YOu mention it on every single thread.

[vadawg]

47. pow, that round went straight to the temple.....

[Name removed]

57. Deleted sub-thread

Sub-thread removed by moderator. Click here to review the message board rules.

[mamalone]

63. And they wonder why some of us homeschool...

I read in the article that this teacher is also accused of hitting a girl child with Down syndrome in the mouth because her tongue was protruding. She said it was a touch "cue." As a former teacher myself and parent to 2 children with Down syndrome, the very idea of children being treated this way sickened me. I know teachers like this woman are not common and that there are many many competent and dedicated teachers out there, but I just can't take the chance... not with my kids.

[Obamanaut]

66. I find it interesting that if what one reads here actually reflects what

people believe - all teachers are borderline saints, and all police are jack-booted thugs.

I think teachers harm kids just as easily, if not more so, as anyone can.

[kestrel91316]

13. If the witnesses are reliable, then that is very bad for the teacher

and she probably deserves the book thrown at her. That said, the nutball who accused me apparently had two friends who were willing to lie and say they witnessed the alleged crime. Interestingly, they never showed up at the city attorney's office when requested to make a formal statement and discuss what (never) happened.

The whole incident sure taught me about the importance of that whole "innocent until proven guilty in a court of law" thing.

[Joanie Baloney]

22. unintentional LOL

"nutball"

sorry - not a laughable story, but I have this comedic reflex....

I have 2 friends with 3 autistic boys and two friends who are pre-school teachers of a mixed group of children (typical and non-typical) and they have told me stories of all kinds of crazy things that go on in school due to underfunding and overcrowding. One of the pre-school teachers had to hide one of the kids in a different room when an inspector came so their head-count wouldn't exceed the mandated limit. They would lose their state funding if they had a violation. They have more kids than they should because they are the only affordably priced pre-school for miles. If the parents can't get them in somewhere, one of them would have to stay home and lose their second income.

This is tangential to the unconscionable actions of the teacher (if true).

[proud2BlibKansan]

39. And if i was a parent I wouldn't want my kid in a school that was lying about how many were enrolled

Those states standards serve a purpose.

I don't find that story about hiding kids the least bit comical.

[vadawg]

48. wow, i wonder if they flaunt the fire regulations as well.

but i guess that would be okay as then a parent might have to stay home and they will be okay if theres a fire because they are good people....

[AngryOldDem]

33. That's why I'm withholding opinion on this. n/t

[tonysam]

34. One has to wait and see how it plays out

Being a target of one silly civil complaint, I ALWAYS withhold judgment in cases involving teachers.

[vadawg]

49. to put the cat amongst the pigeons, what about lawsuits against cops

:) you know we probuably get sued more than anyone...

[Iggo]

7. Lock her up.

[Hepburn]

8. If he allergy was severe enough and the severity was known to the aide....

...then IMO at a minimum there is an attempted homicide of some nature ~~ most likely manslaughter, but it sure as hell could be an attempted murder.

The aide needs to be somewhere for a very long time where she cannot do harm of any nature to a child. If she has children, they should be removed from her for their saftey.

JMHO

[laughingliberal]

10. I'm confused

I thought I read the article as the aide reporting a special ed teacher for trying to give the candy bar to the child.

[tonysam]

14. Maybe the other poster

meant to say "teacher" instead of "aide."

[Tigress DEM]

17. technical correction - aide reported teacher, teacher knew risk.

I think unintentional manslaughter would be the charge. As in she knew it could harm, but maybe not "kill" him. Like kids messing around and chasing each other with cars and nearly running a friend over but he jumped out of the way. But witnesses say it was only sheer luck and obvious stupid and negligent behavior on the part of the offender.

[Hepburn]

69. Voluntary, not involuntary, IMO, as to the conduct of giving the candy.

BTW: Sorry I mixed up the persons involved. Meant the party attempting to give the child the candy bar.

Voluntary = intended to cause harm to the person.

Involuntary = gross negligence, but did not involved the intent of bodily harm.

Examples:

Striking someone with the intent to cause harm, death resulted tho fatality not intended = voluntary manslaughter.

Drag racing on a city street and a death results is gross negligence and = involuntary manslaughter.

Although death did not result in the instant case, thank gawd, there appears to be sufficient conduct towards the goal in order to charge as an attempt.


:hi:

[proud2BlibKansan]

40. I find it interesting that no charges have been filed against this teacher

If she really did do what the lawsuit alleges, why is she not charged with a crime?

These bad teacher stories always have so many holes in them.

[busybl]

11. is that attempt murder?

[Posteritatis]

25. With a peanut allergy? Absolutely. (nt)

[lumberjack_jeff]

16. It happens

This happened in my hometown;

Kindergarten teacher resigns
MONTESANO — A kindergarten teacher on paid administrative leave since Feb. 9 while an incident in her classroom at Beacon Elementary School was investigated won’t be returning.

The Montesano School Board voted Thursday, March 19, to accept the resignation of the teacher. On Feb. 6, the teacher allegedly restrained a special education student who had reportedly hit a fellow student so that that student could hit the restrained student back.

The county prosecutor’s office and the City of Montesano’s municipal court declined to press charges. Since no charges have been filed against her by either the county prosecutor’s office or the City of Montesano, The Vidette has named neither that teacher nor another teacher who says she witnessed the entire incident, according to a report by the school district’s insurance investigator. A police investigation was also conducted but City Attorney Dan Glenn declined to release the document to allow the teacher the opportunity to petition the courts to seal the document.

The teacher said Tuesday that the county prosecutor found “no grounds” for any criminal action, and “I’ve been cleared of charges with them.” The teacher said she wouldn’t return because “this whole situation has been so upsetting … I’ve decided to take a break and resign.”

As is routine, the district notified the Montesano Police Department on Feb. 6 that a teacher was being placed on administrative leave. The police then investigated an “alleged assault of a child,” according to Deputy Chief Brett Vance.

http://www.thevidette.com/archives/26mar09/index.html

Not all teachers deserve their paycheck.

[tonysam]

19. So are you saying this kindergarten teacher is guilty?

When you have been targeted for such an investigation, of course your reputation is as good as shot even if the media doesn't mention your name. After all, gossip travels quickly in this field we call education.

What will happen is the parent will sue and get a big fat insurance payout. It never fails to happen.

[lumberjack_jeff]

29. She IS guilty.

I know all the parties involved, including the school board members who defend the teacher "because we don't know the whole story". When asked, the school board member did, in fact, know the whole story, but was simply more sympathetic to the teacher than the student she restrained so the other student could hit him.

I don't think the parent is suing, but I hope she does.

People with developmental disabilities are the last frontier of the civil rights struggle.

[tonysam]

30. If the parents sue, they will get a good settlement

You see, I have been wrongfully charged with negligence in a frivolous lawsuit, so I know how much bullshit goes on with parents.

[tonysam]

31. If she was guilty, there would be a trial

and the prosecutor would have filed charges. It's one thing to say she is liable, but it is quite another to say she is guilty.

[lumberjack_jeff]

42. You know little about small town politics.

The president of the school board is also the chief of police.

He's in a position to assure that the finances of the football team remain inviolate.

[proud2BlibKansan]

44. If a crime was committed and the police chief is not doing his job,

then the state AG should be notified.

If this really happened the way it is described, there are several criminal violations, beginning with assault and ending with failure to report abuse of a child. Small town politics don't excuse the cops from doing their jobs.

[lumberjack_jeff]

50. The teacher who witnessed it did report it.

I considered both the chief of police (Ray) and the city attorney (Dan) to be friends. I had significant trust in both of them, but this event has used up whatever credibility capital they had.

[proud2BlibKansan]

51. They need to be reported to the state AG

if this is indeed a true story.

[lumberjack_jeff]

55. The facts aren't in dispute.

Everything in the article is accurate. The only question appears to be whether the kindergarten student "had it coming" and/or whether the resignation of the teacher "is punishment enough".

There's a bigger backdrop against which this took place. The teachers hate the superintendent's guts as well as the school board which is perceived as being her lackeys. The teachers rallied 'round the teacher in question and the superintendent (and the board) don't want to further ruffle the the teachers' feathers.

[liberalhistorian]

64. That may be true theoretically, but

having lived in ruralvilles myself for the past three years, I know firsthand that that doesn't mean shit in the "real" world. In ruralville and small town world, such things happen all the time and people get away with it. There's a LOT of nepotism, favoritism and power abuse, based on personal popularity and position. That's just the way it is. It sucks royal blue eggs, but it's reality. Not to say that that isn't the case in non-rural areas, too, but it's much more likely and far more pronounced in rural areas.

[proud2BlibKansan]

43. Bingo

[Odin2005]

20. OMG, That's ATTEMPTED MURDER!!! Bigotry against autistics as well!

This autistic person is not amused! A Special Ed teacher of all things! :grr:

[malaise]

23. How do scumbags like these end up in classrooms

with children? Throw away the key.

[tonysam]

26. Probably a nepotism hire

Hardly anybody else can secure a teaching job without connections.

[AngryOldDem]

35. They get hired,

I have a story, although not as bad as this seems to be. When my oldest daughter was in second grade, I got a call from the school one day saying she was feeling ill. It was late in the school year and the weather had turned extremely warm. The part of the school where her classroom was not air-conditioned, but was cooled by large ceiling fans. (The fans really didn't help a lot, but trust me, they were better than nothing to keep the air moving, at least.) When I got her home, I asked what happened -- she said that the class was getting loud, so as **punishment** the teacher switched off the fans. My daughter had been overcome by the heat.

I bypassed the do-nothing school administration and directly called the superintendent's office. From what I understand, the fans were turned on forthwith and the teacher was advised not to do that again. (But, given that she was retiring at the end of that school year, she probably could not have cared less.)

[Odin2005]

58. Connections. It's not what you know, it's who you know.

[backwoodsbob]

68. in some cases

it's who you blow

[Obamanaut]

67. There are flawed people in every group or profession. The

teaching profession is not immune.

[KamaAina]

24. Thank the FSM for food preferences!

Jacob didn't eat the candy bar, probably because he does not eat unfamiliar foods and didn't recognize its yellow wrapper

I thought things were bad when I was a kid (long, long ago, even before IDEA). But no one ever tried to poison me to keep me from going on a field trip! :grr: :banghead:

[BlooInBloo]

27. If the truth is as-described, it should be a criminal matter.

[Hekate]

28. That's attempted murder, that is. Don't let that bitch anywhere near children ever again. nt

[Fire_Medic_Dave]

32. She needs to be in prison.

[proud2BlibKansan]

46. She would need to be charged with a crime first

A lawsuit won't land her in prison.

[Fire_Medic_Dave]

65. Of course. She would need to be arrested, charged and convicted by a jury of her peers.

But in my opinion she belongs in prison. She could have easily killed the student.

[Blue Diadem]

52. There was just another case of a teacher abusing an autistic kid.

She was found guilty of abuse for putting hot sauce in a soda. She claimed she likes hot sauce in everything including her drink and it wasn't meant for the child. It's said she did it to "teach the child a lesson.".

http://www.palmbeachpost.com/state/content/state/epaper/2009/09/23/0923hotteacher.html?cxntlid=inform_sr

She was sentenced yesterday.

http://www.wesh.com/news/21249907/detail.html

-------------

I would hope they could bring charges against the Indianapolis teacher. My goodness, that child could have died if he'd eaten it.

[Odin2005]

59. This is what happens when autistic people are viewed as "damaged" and "less worthy of life"

And other "disabled" people as well.

[earth mom]

53. I am so fucking sick of how teachers treat kids with Autism!

Another reason for parents of kids with Autism and other disabilities to home school their kids! :grr:

[BlueIris]

54. I don't understand people who would do something like this. Sociopath?

Hello? The definition of "should be in jail for life"? A lawsuit? Not enough.

[Ilsa]

60. As a mom of an autistic son, I've mostly been lucky that I could

trust my son's teachers and aides. There was one sub I reported to the principal for writing a denigrating note to me about my son. I suggested to the principal that the sub be removed.

This teacher has no business being in this classroom if she doesn't understand behavior management techniques for autistic children. She should be arrested for attempted injury to a child.

[Blue_Tires]

61. IF this is true, then that mother is going to own the state

[donco6]

62. I don't get it - there were witnesses.

Why wasn't she just arrested? This is abuse. Odd.

[Quantess]

70. Maybe it was the teacher's idea of a joke?

Maybe the teacher did not seriously intend for the boy to eat the peanut candy bar, but was making a snide joke to her assistant?

[niyad]

71. that would be one very sick joke indeed. and frankly, if it WAS her idea of a joke,

I think some serious counseling is in order. sick does not even begin to cover it.