Legal Question in Education Law in Florida

Teacher Abuse/Assault

My 3rd grade son was assaulted by his teacher dumping his desk onto his feet resulting in his textbooks injurying his foot causing a HUGE bruise, and throwing a stack of papers into his face. The

Principal, and School Bd are denying this incident occurred. Other children told me of this assault BEFORE my son. The school nor school bd spoke to this child about the incidents. I called DCF, they claim they have no jurisdiction, though sent me a report stating an injury did occur. My question to you is can I go to my local police dept and file a complaint with them regarding this incident since their initial involvement was due to me calling DCF? I even questioned the police dept about speaking to this child who saw the incident, and they too have not spoken to this child. No one has spoken to this child even though I have asked over and over. I did contact the detective who was in charge of investigating this case and asked him to speak to the child and he told me the case was closed. After 45 minutes of explaining my position, he agreed to speak to his superior and let me know if this case can be reopened. According to the police report, they did not speak to any children, only the Principal of the school was interviewed. Thanks!


Asked on 2/19/08, 11:43 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Teacher Abuse/Assault

Yes, you can go to the police and file the necessary paperwork to reopen the case. Do you really want her arrested for this if there was no lasting injury? You might be better served with the civil process instead of the crimminal courts.

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Answered on 2/24/08, 1:41 pm


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