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Deprived of Lunch

Discussion in 'Education Law, School System' started by Nutmeggar Yankee, Sep 16, 2019.

  1. Nutmeggar Yankee

    Nutmeggar Yankee Law Topic Starter New Member

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    My son was deprived of lunch at school as a form of discipline. He was also humiliated by being made to stand during the lunch break.

    He is in 4th grade, quiet, obedient and never gets in trouble ...he has been singled out over the years for GOOD behavior.

    The lunch aide in his cafeteria has been making the students refrain from speaking entirely during the lunch break.

    My son has been telling me at various times when he comes home from school that some children in a younger grade are being noisy which was the precursor to a no-talking rule.

    Today again they were told to be quiet. My son complied. A friend whispered in his ear asking to play rock-paper-scissors which they did without speaking

    He was told no one could speak, but was not told playing such a game (in silence) was forbidden, so he broke no rules. Knowing his character and thst he takes everything literally, I am certain he was Not being spiteful and acting innocently.

    My son and his friend were told promptly to pack up their lunches and stand. He was not allowed to eat any of his lunch at all today.

    I wrote an email to the principal tonight and said I'd be calling tomorrow.

    Is this even legal?

    Thanks.
     
  2. mightymoose

    mightymoose Moderator

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    If it was my kid I suppose I would likely take him in to school a little bit early and actually speak with school staff in person to sort out what ACTUALLY happened. Odds are that the 4th grade perspective is skewed to the 4th grade side of things.

    As for what is legal... Nothing you said sounded illegal. It is more a matter of school policies.
     
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  3. justblue

    justblue Well-Known Member

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    You stated that your child has been "singled out over the years for GOOD behavior"...By whom, how and have you gone to the Superintendent regarding this?

    Is this public or private school?
     
    Last edited: Sep 17, 2019
  4. army judge

    army judge Super Moderator

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    You will know more, much more, after you've spoken to the principal.

    If you dislike the principal's response, your next step would be to meet with your elected school board trustee (or whatever nomenclature is used in your state).

    You can request that your school board representative alow you to be heard before the next public meeting of the school board, and your should also seek an audience with Her/His Excellency, the superintendent.

    Meanwhile, you can reach out to the local print, radio, and television media.

    You should also contact the PTA (or whatever parent's group) exists in your county.

    In two or three weeks, I suspect you'll be very satisfied as to the responsiveness of the school district's remediation of this very sad event lead by a rogue, low level, cafeteria employee.
     
  5. justblue

    justblue Well-Known Member

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    I like your advice...But OP should make sure she has the facts before going to the media/print press.
     
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  6. army judge

    army judge Super Moderator

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    I suspect she or he would be pleased if you apprised her accordingly.

    I'm certain she or he has a grasp of events.

    I've read or heard about similar occurrences throughout the USA as schools begin the fall term.
     
  7. justblue

    justblue Well-Known Member

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    I've heard of kids not getting their school lunch due to over-due balances...but not lunch aids depriving children of their lunch for talking. I've NEVER heard of a "no talking" rule during childrens lunch.
     
  8. army judge

    army judge Super Moderator

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    There seem to be several twists involving deprivation of food for younger students.

    I hope we get this sorted sooner, rather than later.

    It will be a very easy fix.
     
  9. flyingron

    flyingron Well-Known Member

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    It's mot appropriate to deprive the child of food or bathroom access or other basic needs. Even when kids have no funds, the school usually provides some alternate meal (typically a basic sandwich).

    The first step is to meet with the school administration over the issue. There are other legitimate ways to discipline the child.

    If that doesn't work, there are attorneys that specialize in educational issues. However, I've found in my dealings with schools over the year (and my wife was a special ed teacher) that actually showing up to discuss things with the administrators in person goes a long way.
     
  10. zddoodah

    zddoodah Well-Known Member

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    What the school did here is stupid, and it ought to be brought to the attention of the supervisor of the person who did it on up to the principal.

    With that said, you weren't there, so your recitation of what did and didn't happen is inherently questionable. However, even if it happened exactly as you wrote it, there's no legal action to be taken because your son suffered no actionable harm.
     
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