Question: What civil rights do teachers of students with severe cognitive disabilities have when being hit ? I have received no training in how to handle students who hit.  Only one of my teacher assistants has had restraint training.  We are constantly being hit (unexpectedly and unprovoked) by a young man with autism who laughs each time he strikes out at someone. I have recently suffered contusions to my jaw and a chipped tooth. My school's administration says they will not suspend the student because it would be thrown out at a manifestation hearing. I am convinced this student knows he is doing something wrong because of his facial expression.   My aides and I feel like we have no rights.  No one should have to go to work in education and expect to be hit daily because of a child's disability.  Morale is at a low point in my room.  I have been told by his parents that I am the first teacher to challenge him academically.  Last year's teacher let him roam the classroom while she taught the other students.  I am anxious and nervous in going to work everyday.  I love working with my other s

Answer: Unfortunately, the child's rights will always overrule yours since he is a special education student.  You are not covered by the same "Zero Tolerance" rules that regular ed. teachers are protected under.  \n\nI have had the same problem.  I have had a broken collarbone, bruised spleen, broken jaw, too many bites, contusions, bruises and gashes to count, and it always is the same line:  You are a special ed. teacher:  it comes with the territory.  It shouldn't be that way, but it's always come down to the same thing.\n\nNow -- there is one flaw that is apparent in your administrators' thinking:  they are allowed to suspend him up to 10 days per school year before it has to go to a manifestation hearing.  And a manifestation meeting only determines if his behavior is a direct result of his disability.  Most autistic kids don't automatically abuse their teachers!  I've had many that didn't!\n\nI have also had strong administrators that went to bat for the school and put this kind of kid (after worlds of documentation, mind you!) on homebound because HE WAS A DANGER TO HIMSELF AND OTHERS.  That has to be the key -- is he going to hurt another child?  It can't be YOU or another adult, but another student that is potentially at risk.\n\nIf that doesn't work, I have used parents to complain.  You have to be really careful in doing this, but a carefully worded verbal statement here and there can get the right parent in the office to advocate for the removal of that abusive student away from her child.  \n\nYour student probably does know what he is doing.  And I've been in your shoes for years -- wondering what part of my body is going to be injured next.  The front desk at the hospital know me by my first name when I walk in!  As trite as it sounds, just keep remembering that you are doing something that few people want to do, and that you are doing something wonderful.  \n\nGood luck, and get out your Special Ed. Manual to read about Manifestation.  There's a lot to know and most administrators don't know the true ins and outs about that.
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