[QUOTE=treis]
Let me explain to you, and to everyone else in this thread, what charging this kid with assault and expelling him will mean. The first is that he will be forever known as “the kid who got arrested for hitting a teacher.” He will not be remembered as “the kid who got arrested for three light taps on a teacher’s arm.” He will be remembered as the kid who assaulted, i.e. attacked a teacher so harshly he was arrested for it. That is not the image you want to have around the school.
Second, if he is charged with assault he will be arrested. That means he might be handcuffed by the police, searched, and finger printed. A traumatic experience for anyone, let alone a 12-13 year old boy. In addition to being arrested, he will have to go through the ordeal of a trial. That probably entails hiring an expensive lawyer that his family may or may not be able to afford. Lastly, every college application, job application, scholarship application etc. etc. will have the question “Have you ever been arrested? If so, please explain.”
That means every college he applies to, every scholarship he wants etc. etc. will get to hear the story of how he was arrested for assaulting his teacher. Now, again remembering that assault does not evoke “three light taps on the arm,” it evokes a much more serious attack, is this the type of person you want in your college or to recieve your scholarship? I don’t think so.
On to the result of expulsion. Depending on your district, and I imagine for a large one like DC this is the case, expulsion means you are sent to the “alternative” high school. In this alternative high school he will most likely take classes with drug dealers, gang members, people who really attacked someone among other unsavory individuals. Most of them will be counting down the days till they drop out. In that sort of enviroment the education he will recieve is much below the standard in his current high school.
Normally these alternative high school’s do not have sports teams or any sort of activities. Even beyond simply removing an activity that this kid may enjoy, you have to think what is happening here. You are removing positive influences in his life, and sticking him in a decidedly negative situation. What do you think that does to his chances of avoiding trouble and leading a successful life?
If you push for expulsion and file charges against this kid you destroy his reputation, put him through a traumatic experience, cost his family a good sum of money, screw him for college and scholarships, considerably lower the level of his education, introduce him to an extremely negative element, and potentially remove positive influences on his life. Is that what this kid really deserves for three little punches to the arm?
[/QUOTE]
I know I’m coming in late to this thread, but I wanted to add my input as a former teacher and current prosecutor, a significant portion of my time as a prosecutor (and former defense attorney) deals with Juvenile cases. Although I’m not familiar with the DC system in particular, I have worked in systems in major metro areas.
Treis, let me just say (diplomatically), I think you are overstating what is likely to happen to this kid if charges are brought. Unless DC Juvie is significantly less busy than we are (which I highly doubt), the kid is likely to be charged by summons, not by arrest, particularly considering the federal Juvenile Justiice mandates. No arrest, no booking, no answering yes to questions about his arrest, etc. Additionally, his Juvie records are sealed and expungeable by law, meaning no revelations on jobs applications, scholarships, college admissions, etc. The result is most likely to be a juvenile case in which this student is placed on some form of unsupervised probation, ignored by the DC version of the Department of Family Services (which has bigger fish to fry), and eventually discharged as a matter of course. THe most likely learning experience he is likely to get is that the juvenile court is a paper tiger. After all, the adult equivalent would be a non-status misdemeanor - a non-domestic battery.
As to the expulsion, that is a bigger issue. I don’t know about DC, but in most jurisdictions, he wouldn’t be expelled, but he would be suspended for a time. No alternative school (which are often better than you or the media portrays) because an expulsion or suspension means no placement at any of the district’s schools. Instead, it is possible that his parents may have to find a temporary caregiver (if suspended) or a new school (public or private, if expelled). Further, even if he is expelled, it may likely only be for the academic year, which is about a month. I have fundamental objections to expelling or out-of-school suspensions as punishment, but it isn’t going to be the end of this kid’s world.
El Perro Fumando, no teacher should have to put up with it. Something like this, if it is swept under the rug, is likely to foster a belief in other kids that this behavior is acceptable. That is not acceptable, and may lead to further problems with this and other students.
Also, I wonder if there is more to this than meets the eye. What did the administrators hear from the kid. What did they hear from you? I know that sometimes I would send a student to the vice-principal, and the kid would minimize or fabricate the reason he was sent there. Did the principal hear about the incident from you or from the student?
Another possibility is that the kid has an IEP specifically addressing such behavior. If so, the school is required, by federal law, to go through certain steps before a “change in placement”, such as expulsion or suspension, can occur. Maybe the proposed meeting is an IEP meeting to start that step.
Either way, that kid should not have been sent back to, or allowed in, your room that day.
Finally, for everybody,
(just kidding)