Lack of Responsibility by School-how Can We Get Them to Follow Procedure?

Updated on February 26, 2007
N.P. asks from Lawrenceville, GA
11 answers

Sorry in advance, but I don’t know how to shorten the story without leaving out important facts!!!

My sister has a 9 year old son with Asperger's. He is in a self contained class in public school. He was accidentally injured in his PE class (which is first thing in the morning). The boy behind him bumped him during a running activity which caused my nephew to fall and break his two front teeth in half.

He was taken to the clinic (please keep in mind his 2 front teeth were noticeably broken) and had minor bleeding. The clinic said he was fine and sent him back to his class. My sister was NOT notified. My nephew had to sit in class all day and my sister didn’t find out until he got off the bus that afternoon. My sister immediately called the school and spoke with the principal who indicated she would check into the incident.

The next day my nephew went to the dentist. They had to make teeth out of a resin material (something like a crown, but more extensive, which the dentist tells us will, at some point, break off and more than likely my nephew will have to have his teeth pulled and have implants when he gets a little older).

My sister took before and after pictures along with a receipt from the dentist to the principal's office. The principal said that any time an injury occurs to the head or mouth they are supposed to contact the parents. Which, I have told you, they DID NOT do!

On top of that, the school sent a letter that basically said, “that's too bad that happened to your son…and, by the way, we won’t pay the dentist bill because of lack of insurance for that type of injury”…they did not even address the fact that someone dropped the ball and no one thought to notify my sister of my nephew’s injury!

We intend to write a letter to the school system, but how can we get assurances from the school system that they will follow through on their processes/procedures and responsibilities to these kids????

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S.E.

answers from Atlanta on

I am a former school teacher and in my experience, my school was very good about taking responsibility when it was ours. I cannot speak for other schools but I can say that public schools have very specific rules and procedures for just about any incident. There isn't much wiggle room!

So, having said that, I want to first say that of course you're upset and it's an upsetting situation. Second, as I'm sure you know, you catch more flies with honey. Try to exercise patience and understanding. Thankfully your nephew is physically okay (albeit a little banged up) so this is not an emergency situation. The more calm you are, the less defensive the school system will be.

You may consider speaking with the administrative offices of your school system to find out who to speak with and even get several names, titles, and phone numbers. Document everything!

Good luck!

1 mom found this helpful
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J.S.

answers from Atlanta on

I agree with everyone else. I would also say that if you still don't get any answers, call your local news station. It seems that the media is the only way to get the proper attention to major situations these days. Most people tend to respond a bit quicker, when they are totally exposed!!!

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H.G.

answers from Roanoke on

The school definitely dropped the ball on this one! Keep going at them will all guns blaring and contact a lawyer. That should let them know you are serious. They should be held accountable for the actions not taken. Please let me know how this turns out!

PS The more of a stink you make, the more likely they are to do something about the situation!

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F.M.

answers from Albany on

Alicia this is just terrible. I can't believe they would even do such a thing about not calling the mother right away! I don't agree with it but I do understand where they stand on not helping with the bill....in that little waiver they make you sign saying they are not responsbile for any accidents that occur at school...I don't think they should be allowed to do that because half the time the kids do not have adequate supervision. But I'm digressing. I just want to point out that no matter who you report this to locally within the county that this school is it can be documented or not and then kept under wraps. I would want action and assurances as well that I would be called for future potential incidents. I would highly recommend calling the state in Atlanta. They can be very helpful in a situation such as this and jut make sure it is documented at that level. They should also have some type of system for looking into this...but no matter what. Tell your sister to insist something be done about this breach in protocol. I would even highly consider attending the monthly board meeting in your county. Best of luck, F.

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S.A.

answers from Atlanta on

I suggest that your sister contact the school board. If they refuse to do anything then let them know you will be contacting an attorney to see what your next course of action should be. It sound to me like all you sister was asking for was coverage of the doctor bills which doesnt sound out of the ordinary since no one bothered to contact her. If you go to an attorney they will most likely suggest other monetary compensation and since your sister and nephew have been treated the way they seem to have been from your story I wouldnt blame her for wanting it.
By the way...where was your nephews teacher? Was she aware of what happened? Seems odd that she didnt contact your sister!
Good luck to your sister!

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K.O.

answers from Atlanta on

I am SO sorry this happened to your family! The poor little guy. It's so sad that teacher that really care are few and far between these days (in my experience). I work with a guy who's wife works for an attorneys office that handles health insurance issues. You know where you can pay to have an attorney on call? They are the firm for GA and deal only with medical issues. (sorry my description is so poor) Anyway, I am going to forward this to her and get her opinion. I am really outraged by the lack of compassion they showed your nephew, and my heart aches thinking of him having to sit there all day in pain and sadness. You will definately hear from me as soon as I know something!

Sending Loving Light Your Way

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M.

answers from Atlanta on

Sorry to hear about this situation, Not to jump the gun but I would persue this issue. I have had a child in public school with an I.E.P for special needs. I would contact a lawyer by the name of Torin Togut. I will try to locate the number for you as I have already filed it away. He is a special lawyer that handles cases with special needs children, he might be of some help or at least he would tell you what you could do. I will try to find the number.

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R.R.

answers from Atlanta on

I ran into a situation where my son was not getting the occupational therapy we were promised through the special needs program in his forsyth public school. We realized this, not by being told, but rather them marking "In Progress" on his progress report. We noticed something was not right because there was not a memo on what he has progressed with and what he needs help with. I contacted the teacher and she skirted her way around it and then I sent a letter to the Assistant Principal. I was told that it was contract work and they had no control over it. In the mean time my son had missed out on almost 3 months of much needed therapy and not one person notified us, but they knew there was not a therapist. My next step was the county placement person. She said she had no idea that this was happening? My thought was you are still placing children in a program that are suppose to get OT time, perfect. It finally ended up that I had to write a letter to the main person in charge of special needs in forsyth county. I basically told them that the school system lied to us and we wanted to be compensated for the missed therapy so we could get private sessions to make up time so he would not be behind. Amazing enough, the next week they had a OT there and his sessions are being made up.

Basically, I would go as high as you can in the school system and let them know that you are not backing down. I am not sure in this instance if they will do anything? But, it seems to me like a lot of parents do not contact anyone and it seems like the school systems are really getting away with a lot more than they use to? I would think that insurance would cover that. Maybe not ? But it would not hurt trying.

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C.H.

answers from Augusta on

I think first you should try contacting the school board about starting an investigation of why ur sister was never notified. Sometimes involving local news stations (depending on where u live) to put pressure on them to face up and settle.

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C.G.

answers from Atlanta on

HI Alicia,
Sorry this has happened to your nephew. My daughter broke her nose at school and we had just the opposite scenario. I immediately got a call from the nurse, her PE teacher called me to check on her. We then received a notice from the school and one from the superintendent of schools explaining to us how to file for reimbursement of our medical costs. The paperwork included detail instructions as well as the forms to submit. Lucky for us, all care was covered under insurance except for a very small copay which the school system reimbursed us for. I feel your pain as it is not only the expense that could be hard, but also the fact that there is no acknowledgement of the incident itself.
Since the school itself doesn't seem to have the checks in place to deal with situations such as this, I would approach the Board of Education for the school (either the county head or school district head depending on how the school system is organized). I would make sure I include any documentation from the school with the medical receipts. It seems to me that this is an injury which would be covered by the school insurance but I am no expert. I would also make sure to document (even just in a calendar) any discussions had with the school regarding the incident.
I hope it all works out. Good luck.

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S.S.

answers from Augusta on

I'm a daycare Assistant Director so I know that there are very specific guidelines that ANY school has to follow..Not just daycares. Try this website: http://www.decal.state.ga.us/http://www.decal.state.ga.us/
Maybe it will give you some answers. Good luck to your family and give your nephew a hug from me!

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