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dee1029

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my daughter was arrested tonight for harassment of a principle at her school. She was being held in an office because she had filmed an argument in school and they wanted to take her phone. She was threatened to be expelled and arrested. She wanted to leave the room and was grabbed by the teacher and blocked. She was scared and felt threatened. After several minutes of this my daughter pulled the door open and the teacher fell on the ground. She was arrested for pushing the teacher down. My question is this, can the teacher keep her in the room by blocking the door or grabbing her, she was not endangering anyone. Is that false imprisonment. She is only 16 and I think this is rediculous. This is not the first time this teacher has put her hands on my child or threatened her. I am sick of school officals hiding behind their "rights". Where are the rights of my child. please help me of find out if I can press charges against this women.
 
my daughter was arrested tonight for harassment of a principle at her school. She was being held in an office because she had filmed an argument in school and they wanted to take her phone. She was threatened to be expelled and arrested. She wanted to leave the room and was grabbed by the teacher and blocked. She was scared and felt threatened. After several minutes of this my daughter pulled the door open and the teacher fell on the ground. She was arrested for pushing the teacher down. My question is this, can the teacher keep her in the room by blocking the door or grabbing her, she was not endangering anyone. Is that false imprisonment. She is only 16 and I think this is rediculous. This is not the first time this teacher has put her hands on my child or threatened her. I am sick of school officals hiding behind their "rights". Where are the rights of my child. please help me of find out if I can press charges against this women.

Did this occur during school hours? What is the school's policy on students having and using cell phones during the school day?
 
dee10329, you need to speak to a couple of attorneys about this immediately.
I defended a child in this same predicament last fall.
She was also 16 years old.
She spent two weeks in juvenile confinement for her alleged transgressions.
She was also sent to a juvenile facility day school after the school expelled her.
We took the case to trial.
We beat her charges (very similar to your child's) in Texas.
We were recently offered a rather large civil settlement.
We are reviewing it at present.
The child has since been readmitted to school, and a judge ordered everything about this sordid incident off her school records.

Bottom line, hire an attorney.
Interview a couple of them.
Speak to relatives and friends for recommendations.
My wife is a friend of the child's mother.
Don't let them do this to your child.
Your child must obey every rule from this point forward.
She has to suck it up, and say "yes sir" or "yes ma'am".
This about her future and reputation.
It'll take time, but it can be fixed.
Speak to lawyer and do not allow this travesty to stand!
 
You weren't able to give enough info about the circumstances to say for sure where it all went wrong. I'm not clear on how the teacher managed to fall down...
There is nothing wrong with your daughter having filmed an incident. The school rules regarding cell phones are in order to prevent classroom distractions- and it sounds as if the phone was not the distraction in the case, rather the incident being filmed.
While the school can give students detention and whatnot, a line is crossed when a person is physically restrained or held against their will. It is very possible the teacher involved has some liability, as well as the school district.
If your daughter was being held against her will and the circumstances of that are legitimate, then the resulting injury of the teacher falling down will not be much of an issue for her. It is all about how well your daughter can explain the details of how it all went down (truthfully). One small lie can make the whole thing crumble.
You certainly should have the matter reviewed by a local attorney, especially if your daughter has already had ongoing problems with the same teacher.
 
You weren't able to give enough info about the circumstances to say for sure where it all went wrong. I'm not clear on how the teacher managed to fall down...
There is nothing wrong with your daughter having filmed an incident. The school rules regarding cell phones are in order to prevent classroom distractions- and it sounds as if the phone was not the distraction in the case, rather the incident being filmed.
While the school can give students detention and whatnot, a line is crossed when a person is physically restrained or held against their will. It is very possible the teacher involved has some liability, as well as the school district.
If your daughter was being held against her will and the circumstances of that are legitimate, then the resulting injury of the teacher falling down will not be much of an issue for her. It is all about how well your daughter can explain the details of how it all went down (truthfully). One small lie can make the whole thing crumble.
You certainly should have the matter reviewed by a local attorney, especially if your daughter has already had ongoing problems with the same teacher.
I should tell you also my daughter has a condition called Intermitted Reactive Explosive Disorder. She has coping techniques that she has to use in order to control herself when she becomes anxious, fearful and trapped. It is Fight or Flight at its highest level. She warned the princible that she was getting very upset and she was shaking and starting to hyperventalate. The princible grabbed the door as my daughter tried to leave, she blocked it with her body. My daughter asked her 3 times to move, that she needed to get out of the room, the princibe refused and placed her body against the door and shoved my daughter back. My child reacts badly to physical touch when she is in this frame of mine. She grabbed the princible and pulled her from the door, the princible fell down. The worst part of it is this happened at Boces, and the filming happened at her district school. She was told that her home school princible wanted to talk to her, yet the did not call the school and say " Mr -- we have -- in our office, would you like to speak with her." Nor did the home school call me and tell me what happened. She tried to flee (flight) but was forces to fight. Terrible the school can do this, ecspecially to a child with a mental illness. Does this shed more light on it?? Thanks for responding. It helps to know I am not crazy to think this treatment is wrong. The schools act like they did nothing wrong. And worse of all, Friday they actually told me they would do it again if they had it to do over!!
 
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Did this occur during school hours? What is the school's policy on students having and using cell phones during the school day?
they can have cell phones, they can not record other students. against school policy. not against the law unless it is fowarded or placed on the internet.
 
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