Legal Question in Education Law in South Carolina

leading a child to time out

I had a student horseplaying in my class and I asked him several times to get in line order and if he didn't know where he was suppose to be that he should stand to the side. He started to horseplay and bump into the other students so I touched his back and told him to stand next to the board because he was not following classroom rules. He goes home and tells his mother I slammed his face into the board. The next teacher that had him that day sent him to the nurse and the nurse said nothing was wrong with him. The parent was told that the child could be removed from my room but she did not want that. A lawyer in town would not take the case so she went to the sheriff's dept. It is quite odd that if I was such a violent person that I would have done this before and why did the parent not want him put into another class. What do you think a lay person would decide on such evidence?


Asked on 6/28/07, 10:49 pm

1 Answer from Attorneys
Elizabeth Hyatt E.H. Robinson Law, LLC

Re: leading a child to time out

What grade is this? You're asking what a "lay" person might think, but you're here for a legal opinion, right? I think generally that a lay jury would be sympathetic to your story. Your best bet now is to cooperate fully with the investigation by the sheriff's office, give them your side of the story and have them talk to the nurse.

Feel free to call if you have further questions, especially if criminal charges are filed.

Good luck.

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Answered on 6/28/07, 11:06 pm


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