Posted by Michele Bittikofer on 2/28/04

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Hi: I'm waiting to get notice in writing of this but in the
meantime, I'm starting to check info. and may ultimately
need an attorney or contact at my state's civil rights
area. My problem: My son, age 14, a child w/a disability
and an IEP, got in a fight at school and was suspended 5
days, the other child got nothing AND the night before I
was to go in to school to discuss this w/administration, an
officer showed up at our door. I spoke w/the Principal
right after this occurred and she went over the fight and
stated that the teacher who broke up the fight, that
occurred in has class, "thought my son was going to hit
her." She thought was also in writing on the suspension
form and that's that w/no other mention of the teacher!
That evening, I asked the officer in and he read my son his
rights and stated he was being charged w/assault and it's
now a police matter and that the child's parents and
TEACHER are pressing charges of assault. I probably
shouldn't have let my son speak but he told the officer
what had occured and upon leaving I found out he was the
Asst. Principal's husband and he would be the officer
involved/submitting paperwork to us and the court. This
Asst. Principal has had contact regarding discipline w/my
son, 1 just a month earlier. This was almost 2 weeks ago
and I've received nothing and must meet his admin. this
week for an IEP mtg. which I received in writing in the a
30 days prior written notice form to discuss behavior and
placement! They're trying to get out of providing a special
education plan again, as in previous years as law dictates
in many areas! I've fought for a proper education for my
son for 3 yrs. and they've finally started a papertrial and
have behavior items, a supposed 25 days of missed school,
(not correct and I've asked his record to be amended in
November and have got no where). My questions - 1. is this
officer allowed to question, read my son his rights and
most importantly, get involved since his wife is the asst.
principal and has been involved w/my son? 2. How
can "assault" possibly be charged when witnesses (kids in
class) can even state that he didn't act like he was going
to strike her, threaten or anything similar to her. She
pushed the two children apart while fighting and my son did
not say a word to her or put up a hand? If anyone has any
information that may help, it would be so greatly
appreciated! Thank you and have a good day!

Supposed felony charge - Too much sounds fishy, 2/28/04, by Michele Bittikofer.

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