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Pupil charged with aggravated battery

Report says pupil, 13, brother were involved

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A 13-year-old special-needs Collins Elementary School pupil was charged Friday with aggravated battery in a Jan. 20 case in which a pregnant teacher was struck in the stomach.

According to an incident report obtained by The Chronicle on Friday, the attack happened as the 13-year-old brought his 12-year-old brother to the teacher's class to confront another student.

As the two brothers approached the student, the teacher stepped between them "and immediately began being struck in the stomach and arms by (the 13-year-old) offender."

According to the report, the 13-year-old, whose name is blacked out, left his class to get his brother, and when they entered the pregnant teacher's room she asked them to leave, "but they refused."

After being struck, the teacher, whose name also was redacted from the report, pushed the brothers out of the class and they were taken to the school office.

Officials have said the teacher was examined by a school nurse and instructed to see her physician. She was on leave for three school days after the incident, but school officials have refused to comment on the condition of her baby.

Initially, the school system's safety office wasn't notified by the school's principal, who said he reported the case to the school system's central office.

After hearing about the incident from a Chronicle reporter five days later, school safety Lt. Richard Roundtree initiated an investigation to determine whether criminal charges were warranted.

He said at the time that his office prefers to be called in immediately any time a teacher or student is injured.

The 12-year-old didn't strike the teacher, school system spokesman Louis Svehla said. Criminal charges can't be filed against a student younger than 13, he said.

Both special-needs students, he said, were suspended pending a tribunal, which was held earlier this week. Officials have said the results of that tribunal can't be released until after a 10-day period that allows for an appeal.

It's now up to the state juvenile justice department to determine whether the 13-year-old should be taken into custody on the charge, Svehla said.

"The physical paperwork will be delivered to juvenile justice Monday morning," he said. "Then they have up to 72 hours to decide what to do."

Aggravated battery is a felony, according to the Georgia Department of Juvenile Justice. Georgia law states that "a person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof."

A juvenile convicted of the charge could face a maximum sentence of being incarcerated in a juvenile justice center until the age of 21, Svehla said. He said the school system isn't releasing details as to why it chose to pursue an aggravated battery charge.

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AJ Wilson
0
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AJ Wilson 02/06/10 - 08:56 am
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0
I feel sorry for the teacher.

I feel sorry for the teacher. I agree as an American you should have a chance to better yourself but you should be able to control your actions. If you can't be socially acceptable then you can't be allowed to participate in public school. We have Gracewood for these types of behavior issues. When PC causes death then PC needs to be ignored.

southernguy08
499
Points
southernguy08 02/06/10 - 09:13 am
0
0
Sounds like the only "special
Unpublished

Sounds like the only "special need" for these punks is a leather strap to their bare butts! If this teacher doesn't get a sizable sum for the school's failure to protect her, she needs to fire her lawyer.

55 F-100
1
Points
55 F-100 02/06/10 - 10:03 am
0
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Southernguy, you havve the

Southernguy, you havve the right idea but the wrong defendant....the school did nothing wrong because she put herself between the two combatants. The defendant is the 13 year old thug and his parents.

my.voice
4811
Points
my.voice 02/06/10 - 10:29 am
0
0
Mainstreaming these kids is a

Mainstreaming these kids is a mistake on so many levels, this being just one of them.

Little Lamb
45870
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Little Lamb 02/06/10 - 10:44 am
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This is the second story plus

This is the second story plus an editorial about this incident. I have yet to see in the Chronicle what grade this 13-year-old "student" is in. Did I miss it?

Little Lamb
45870
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Little Lamb 02/06/10 - 10:45 am
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And F-100 is absolutely

And F-100 is absolutely correct. The school system should not be blamed for a student's violent tantrum.

disssman
6
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disssman 02/06/10 - 10:54 am
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i am unclear as to who was

i am unclear as to who was sent to tribunal was it the 12 year old brother, or the student the brothers were trying to pummel? If it was the intended victim, why is he in trouble? Should he just stand there and get the he!! beat out of himself? Where are the video camera images that will show wxactly what happened? Another thing, hasn't this been the "top headline" long enough? Come on Chronicle did you fire every reporter? It seems as if every story in the paper was taken from the AP or was received via E-mail from someone.

Little Lamb
45870
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Little Lamb 02/06/10 - 11:19 am
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Good point, disssman. The

Good point, disssman. The news story is not clear about who was suspended. It very well could have been the intended victim of the pummelling. The story says both special needs students were suspended. But the story never says that the 12-year-old brother of the accused is special needs or not. So many details are left out of these short articles. If they would cut down on "white space" in the typesetting, they could include more details.

Little Lamb
45870
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Little Lamb 02/06/10 - 11:45 am
0
0
The first sentence says the

The first sentence says the accused student was charged Friday with aggravated battery. We do not know yet whether he has been incarcerated. We are left with the impression that he is home with his parents and that the police might show up on Monday to serve papers on his parents. But we don't know from this article.

Also, think about this: The student was suspended from school pending a tribunal, which was held earlier this week. We are left with the idea that perhaps he was re-instated to school when the tribunal ended. But again, we don't know from this news story.

Who, what, where, when, how. Journalism 101. So much has been left out. We're getting back to those days when they ran serials in the newspapers, teasing readers to come back and buy a paper at the newstand the next day.

cristinadh
6
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cristinadh 02/06/10 - 12:35 pm
0
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any student is classified as

any student is classified as a special needs student not necessarily because of a learning disability but because the parents lack the mentally and education to discipline their kids and take responsibility for their actions ... the system should be held accountable for this teacher... because it is the system that keeps putting these so called special needs kids in special education when all they really need is a good whipping and the parents to discipline them!!

Farfromhome
0
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Farfromhome 02/06/10 - 01:10 pm
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Mainstreaming "these kids" is

Mainstreaming "these kids" is a bad idea? So what all special needs students should be shut away from "your" kids? That may be one of the most ridiculous things I have ever heard. So does that also mean that kids that have a hard time reading/writing/sitting still in class/completing homework/are diagnosed with a disorder etc. should also be some where else? You would most likely clean out school across the country. That's what we need more undereducated citizens. As for the behavior comment, do you know how much a place like Gracewood costs? Many kids who are special needs have government funding to help take care of their everyday needs......do you want to pay for it? The same goes for segregated schools (yes that's what is being suggested). Teachers in special education are also very aware of the environment they are choosing to go into with specific populations. They also are supposed to be taught appropriate behavior management, if they aren't they should ask for their tuition money back. It's also surprising that no one asked how the other child was allowed to leave their classroom. Hmmm rush to jump on the parents huh? I think before commenting on issues in special education you should go to idea.ed.gov and read about what exactly is required by law in relation to settings, discipline, etc.

As for parental discipline, you can only blame parents so much before you should look at yourself and ask what you are doing to HELP the education system in your community. And for those that advocate corporal punishment for everything....it doesn't always work, maybe you should survey the county lockup to see if it worked for some of them. It sure does make adults feel better about the situation doesn't it?

corgimom
32231
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corgimom 02/06/10 - 01:37 pm
0
0
"Teachers in special

"Teachers in special education are also very aware of the environment they are choosing to go into with specific populations. They also are supposed to be taught appropriate behavior management, if they aren't they should ask for their tuition money back. " The woman wasn't a special ed teacher, and "appropriate behavior management" is not appropriate here. The first boy left where he was supposed to be. First wrong action. The one boy went and got his brother. Second wrong action. The boys came into her class, where they were not supposed to be. Third wrong action. The teacher told them to leave. They didn't. Fourth wrong action. The 13 year old attacked the teacher. Fifth wrong action. There ARE no behavior management techniques for that. This was a premeditated attack, and has nothing to do with how they can read or write or sit still. And if you want to talk about a teacher, how about the teacher that let the 13 year old boy leave class? And what about the teacher who let the 12 year old brother leave class?

Farfromhome
0
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Farfromhome 02/06/10 - 02:18 pm
0
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"And if you want to talk

"And if you want to talk about a teacher, how about the teacher that let the 13 year old boy leave class? And what about the teacher who let the 12 year old brother leave class?"- Check my post, I mentioned that.

I'll retract the statement about her being a special ed. teacher, there was no mention of what type of teacher she is. My assumption is that if she was in a classroom with special education students that she was a special education teacher. She still could be a special education teacher.

"appropriate behavior management" is not appropriate here. The first boy left where he was supposed to be. First wrong action. The one boy went and got his brother. Second wrong action. The boys came into her class, where they were not supposed to be. Third wrong action. The teacher told them to leave. They didn't. Fourth wrong action. The 13 year old attacked the teacher. Fifth wrong action. There ARE no behavior management techniques for that. This was a premeditated attack, and has nothing to do with how they can read or write or sit still."

Wait premeditated on the teacher? The kid was going to get his brother because of a dispute with another STUDENT, not the teacher. She stepped in to break it up and got hit. How does that equate to a premeditated attach on an adult? Or was it really just a bait and switch? They planned it all out....start a disagreement with another student.....and then come in and hit the teacher. That's a great one.

There is one big flaw with your description of "wrong actions". You are assuming that these students actually knew what the appropriate action is....now I know that you will read this and say to yourself "kids know how to act", but I would argue that many kids probably don't know what behavior is actually acceptable and what behavior is not in specific situations. Here you will solely blame the parents....I have worked in school systems for quite a while although that is part of the issue, I would also blame some (emphasize that one there, not-all-some) administrators and teachers for not expressing clear rules and CONSISTENTLY enforcing them in the appropriate manner (yelling and hitting a child is not appropriate, you wouldn't do that to an adult would you?- that was for the corporal punishment folks). A fair amount of the discipline goes on is unfortunately yelling. Teachers yell at a student to "get their attention", administrators yell at students to "emphasize a point". It's pretty hostile isn't it? Would you act correctly at work if that was the main way your boss communicated frustration or disapproval? This is not in any way to blame teachers or administrators solely or call them bad or horrible people, many are burnt out, under appreciated, and some are under trained. I totally understand if you do not buy the argument, many won't because children are supposed to behave because "that's what children are supposed to do". The current way of dealing with students is ineffective and helps provide the environment for well meaning people to get hurt.

Please, please don't give me the "they were" X age they should know how to act argument. There are adults that don't know how to act appropriately.

"There ARE no behavior management techniques for that."- I disagree.....PBIS.org....I know you won't go to it, but there's a chance. It changes the school environment....same kids....different behavior.

cristinadh
6
Points
cristinadh 02/06/10 - 03:55 pm
0
0
segregate schools

segregate schools

alycias
0
Points
alycias 02/06/10 - 06:09 pm
0
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As a previous special ed

As a previous special ed teacher myself, for just 10 years though--( I had had enough!), I can tell you that the main cause of this happening is the school system and how they 1) handle the discipline problems, 2) teach the teachers how to handle the discipline problems, and 3) how they deal with the parents-or don't deal with them at all in some cases--concerning helping their their children to behave in school. Of course behavior management is taught in teacher training, but in some cases, with some kids , no amount of training can help you to know exactly what is the best thing to do in a given situation. I had one "child"-( high school age) who picked up a metal trash can and threw it at me, same child picked up a small refrigerator and threw it across the room at the other kids. thankfully no one got hurt....and did other similar things...no aide was given me at the time for him--(again the school system's choice), and I had many other students to teach/tend to at the time. There were no parents to help cause parents deserted the child. The local home/ceregivers he lived in purposely turned off their cell phone after they dropped him off at school-many times. Is there any wonder WHY I left teaching? And this is only ONE story. I could tell more-mine and other teachers'!

alycias
0
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alycias 02/06/10 - 06:27 pm
0
0
These types of students do

These types of students do not belong in the public OR private school setting!! When are we going to wake up and realize this!!! How many more teachers have to be hurt or killed??? They should be left in a private home situation--like Gracewood. THAT is the LEAST RESTRICTIVE ENVIRONMENT for them. If a child has a record of violence toward ANYONE when he/she enters ANY school system, he/she should NOT BE ALLOWED into that building! Sometimes the child's records are even temporarily blocked from the teachers access...I have had that happen quite a few times....when I KNEW those records HAD to made available to me and the school system before the child was supposed to be allowed to enter the classroom. They knew the reaction the teachers would have, so told me they were not yet available, and to wait...they were coming. Those records never showed up until a few mos. later! Literally. ( in that one case). I would have only the bare minimum....like his name and address, a picture, etc. yet I HAD to accept that child into my room with the other students. And if those other kids got hurt, guess who they would have come after to blame!? ( especially the parents!). The Public Law made in 1972 about these kids being legally allowed to enter a school system should never have been made. And I am not talking about those who have been diagnosed with just LD, or other ailments that do not present a possible danger to others. I have only ever seen 1-2 excellent school systems that knew exactly how to handle these types of situations....out of the many I have had contact with/seen close up. And they got those kinds of students OUT pretty fast, and into the correct place for the child, before anyone got hurt!

alycias
0
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alycias 02/06/10 - 06:55 pm
0
0
We need to re-write PL 94-142

We need to re-write PL 94-142 !! ( Public Law 94-142--the education for all handicapped children act ) Something obviously is missing in that law!

alycias
0
Points
alycias 02/06/10 - 07:14 pm
0
0
The new "IDEA" ( new

The new "IDEA" ( new PL-94-142) does not sound much like a good "idea"! The only thing that even comes close to changing this stiuation is the Sec. 504 of that law: "It is recommended that districts develop policy guidelines and procedures". Ok, where were the guidelines and procedures when this horrendous thing just happened to this pregnant teacher? Tell me who is doing the right thing--whose fault was this that this happened? Think about it.

Little Lamb
45870
Points
Little Lamb 02/06/10 - 07:55 pm
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0
Alycias, your heart is in the

Alycias, your heart is in the correct place, and I know we could be friends, but the answer, my friend, is not in writing more laws or re-writing old laws. There is no single, absolute answer. The answer is blowing in the wind.

To me, a start would be to slowly disengage the federal government in the public education process. One regulation at a time should be rescinded. It took decades to get where we are; it will take centuries to get back to personal responsibility.

Once the federal government's authority over education is reduced to near nothing, then we can work on the state. First, we take Manhattan; then we take Berlin.

You don't need a weatherman to know which way the wind blows.

TakeAstand
13
Points
TakeAstand 02/06/10 - 08:31 pm
0
0
A lot of you have been saying

A lot of you have been saying the teacher is partly at fault. I agree I wouldnt have endangered my baby over some punks, but maybe the student being attacked was an innocent victim not another little punk. All she did was try to do her job. But if she didn't at minimum just step between them and told the others to leave, how many would then be claiming the teacher didn't try to protect a student of hers in her own class who was being attacked? It doesn't appear as though she stepped into a fight with fist already flying, she tried to prevent it and they proceeded to attack anyway. The little punks who disobeyed authority and attacked other people should be punished to the max!!!!

lenard
0
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lenard 02/06/10 - 08:58 pm
0
0
A responsible reporter writes

A responsible reporter writes his story on facts...If they don't get the facts right from the person, he can not write a full story...Don't hold the story against the reporter....He is doing his job....Keep up the good work reporter.....

corgimom
32231
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corgimom 02/06/10 - 09:55 pm
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0
Far from home, if you are

Far from home, if you are telling me that there are 12 and 13 year olds that don't know it's wrong to leave a classroom and go to another classroom to start a fight, then those children do not belong in a regular school environment. Period. What about the rights of the other students? Are you telling me that it's normal and acceptable that other children should think that they are subject to attack at any given moment of the day, when they are in school? Tell me, what behavior management techniques do you employ when one student attacks somebody?

And no, special needs children are now placed in classrooms that employ teachers that haven't had any special ed training and that don't have aides. They get to have on-the-job training, and the other kids get to "learn" from them. Just like that poor teacher got to learn.

And nobody has said a word against LD children or children that have trouble completing homework. We are sick of violent children being allowed to disrupt the schools that taxpayers pay for and that our children attend, because we are supposed to worry about their "rights".

Oh, and this? "Would you act correctly at work if that was the main way your boss communicated frustration or disapproval?" Been there. Experienced it. I couldn't even begin to count the number of times I got yelled at at work. Ask any man, ask anyone that has been in the military, ask any woman that has worked in a mainly male environment. What fantasy world do you live in?

Little Lamb
45870
Points
Little Lamb 02/06/10 - 10:44 pm
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Lenard, this incident

Lenard, this incident happened over a week ago. There has been plenty of time to find out what grade this 13-year-old student is in. There has been plenty of time to find out whether the intervening teacher is indeed the teacher of the 13-year-old boy or not. The "tribunal" hearing was held "earlier this week." There has been time to find out whether the boy is suspended from school now or is back in school. Weak reporting, I still say.

Farfromhome
0
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Farfromhome 02/07/10 - 12:39 am
0
0
Oh, and this? "Would you act

Oh, and this? "Would you act correctly at work if that was the main way your boss communicated frustration or disapproval?" Been there. Experienced it. I couldn't even begin to count the number of times I got yelled at at work. Ask any man, ask anyone that has been in the military, ask any woman that has worked in a mainly male environment. What fantasy world do you live in?- I don't believe you answered what I was asking, what did you do? Did you suck it up and keep working, did your productivity fall off, did you leave, or did you complain on a message board?

I don't live in any fantasy world. I sort of think that you may, I mean if setting a child up for failure is what your goal is why not stop complaining on message boards and do something about it? The school board has regular meetings right? A 12 year old is a child....if it was your child would you be so keen on just giving up?

cristinadh
6
Points
cristinadh 02/07/10 - 12:43 am
0
0
segregate schools

segregate schools

johnston.cliff
2
Points
johnston.cliff 02/07/10 - 09:29 am
0
0
Charging the 13 year old

Charging the 13 year old seems to miss the point. If he is truly special needs, what's he doing in a public school with teachers and students not prepared to deal with him? The P.C. political system is responsible for this horrible "situation based on stupidity" and it should be HELD responsible and accountable. The "nobody's accountable" approach to this case is offensive. Dropping all of the responsibility for the situation on the shoulders of a 13 year old is a long way from addressing the situation in a responsible adult manner. If the student is "special needs",(government classification), how can he be held responsible by the government? Is the "special needs" student responsible for his surrounding? for his actions? for the consequences of his actions? If so, why is he "special needs". This typical government social engineering experiment is the typical total failure all of them are and like most of these type of experiments, everyone is in danger, but no one is at fault.

corgimom
32231
Points
corgimom 02/07/10 - 10:24 pm
0
0
I dealt with it, because I

I dealt with it, because I had a child to support and bills to pay. It's called "reality". No, it didn't affect my work performance, because I was hired to perform a job, not participate in a popularity contest, and if I didn't perform my job, they found someone who would. Perhaps, in your job, everyone is the epitome of professionalism. All I can say, you'd better do all that you can to keep it, because those are the exception, not the rule. I worked in male-dominated fields and yes, people got yelled at, both the men and the women. How ridiculous to ask me "how I handled it". I handled it just like everybody else- if I was the one that messed up, I fixed it. And if I wasn't the one to mess up, I still fixed it. As in, that was my job. Good luck with your career. And let us know how your "kinder, gentler" job is faring. "Setting up a child for failure"- a child that assaults someone? Wow.

heath woodward
0
Points
heath woodward 02/08/10 - 03:38 pm
0
0
I posted a lengthy excerpt

I posted a lengthy excerpt from Robert A. Heinlein's "Starship Troopers" on my blog recently. I think it speaks perfectly to this situation. Especially with regards to dealing with the youths involved.

http://akoniti.blogspot.com/2010/01/history-and-moral-philosophy-thank-y...

--H.

Little Lamb
45870
Points
Little Lamb 02/09/10 - 09:30 am
0
0
I cannot find a follow-up

I cannot find a follow-up story in the paper to tell us what happened Monday. Did the "special needs" student (with his parents) turn up at the jail and turn himself in? Did the police have to go to his home and arrest him? Was he booked, or immediately released to the care of the parents? What amount was the bond? Or did the police just forget the whole matter?

Little Lamb
45870
Points
Little Lamb 02/10/10 - 09:18 am
0
0
Crickets are chirping. Okay,

Crickets are chirping. Okay, the Richmond County school system has "pressed charges" against two of their students. This was reported on Friday, so presumably the charges were "pressed" on Thursday last week. Today is Wednesday, and I haven't seen a newspaper article about what has transpired. Are the kids in school? Were they arrested by the police? Is Preston Sparks on vacation? Why the silence?

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