Is it legal to check child before leaving to come home? 10 Answers as of December 20, 2013

My 4 year old child came home from school one day and had a big hand print around his neck. I asked what had happened, he said his teacher did it. We then had a meeting with the teacher and said he came home with a hand print around his neck and he said you did this. She then said we accused her, which we did not, we simply stated what the child had said. She was really defensive. Now, before coming home he is checked from head to toe, back, hips, neck, shoulders, legs. The teacher is also telling kids not to play with him. Is this legal?

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Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Instead of talking to the teacher, you should have spoken to the principal. Since I assume the 4 year old is not in school but in pre-school, talk to the director of the preschool. If the teacher is telling kids not to play with your child, you should definitely discuss this with the director. However, the issue is how you know this. If the report is simply from the 4 year old, it may not be reliable. Also, what was the nature of the hand print? Paint smears or a bruise. If the former, it's probably nothing, if the latter you should have taken the child to the doctor.
Answer Applies to: Washington
Replied: 12/20/2013
John Russo | John Russo
First of all you did accuse her no matter how you spin it, if you had said child came home this way do you know what happened, but you said child said you did it, you accused her. Moreover, this is a 4 year old any allegations should be taken with an eye towards exaggeration. And yes I would have advised the school to check the child everyday going forward after these accusations. As far as the not playing with the other children, I doubt that is what is going on.
Answer Applies to: Rhode Island
Replied: 12/20/2013
Attorney at Law
Attorney at Law | Frances An
It is legal to check the child before he comes home since there has been a complaint. Who is doing the checking? Hopefully, not the same teacher who left the hand print around his neck! I would insist on someone else. It is not right for her to tell other kids not to play with him. I would take this up with the principal.
Answer Applies to: California
Replied: 12/20/2013
Goldstein and Peck. P.C.
Goldstein and Peck. P.C. | William J. Kupinse, Jr
The real question is not the legality of the teacher's overreaction, but what is best for your son. You need to start a dialogue with the teacher and if that is not successful, you need to go to the school administrator, and if necessary you may need to look into changing your son's school.
Answer Applies to: Connecticut
Replied: 12/20/2013
Strowbridge Blaisdel Richardson | Strowbridge Richardson
Kids get bruised, scrapes, all the time. Sounds like the teacher is trying to protect herself but may be going over her self-protection a bit. It sounds like you need to meet with the school administration to get this problem resolved. Creating problems with a child's peers is never a good thing.
Answer Applies to: California
Replied: 12/20/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Yes. It makes sure that the teacher has not abused your child. I think it is overboard however with respect to the other children.
    Answer Applies to: Idaho
    Replied: 12/20/2013
    Milligan, Beswick, Levine, & Knox LLP
    Milligan, Beswick, Levine, & Knox LLP | Stephen P Levine
    Obviously they are being cautious because they do not want to be accused of some form of abuse nothing illegal about it.
    Answer Applies to: California
    Replied: 12/20/2013
    Law Office of Annette M. Cox, PLLC
    Law Office of Annette M. Cox, PLLC | Annette M. Cox
    This is not really a legal question but my suggestion would be to discuss it with the principle of the school. I would consider calling the police if you think your child was or is being abused by the teacher. As a parent, I would also immediately consider switching schools or at least classrooms. Good luck.
    Answer Applies to: Arizona
    Replied: 12/18/2013
    Diane l. Berger | Diane L. Berger
    Did you determine how he got the original hand print? It sounds like this is a matter that you need to address with the principal or even the superintendent of schools. You don't want your child to go forward with this type of distinction.
    Answer Applies to: Nebraska
    Replied: 12/18/2013
    Law Offices of Lauren H. Kane | Lauren H. Kane
    You need to call human services and report what has been going on so tat it can do an investigation.
    Answer Applies to: Pennsylvania
    Replied: 12/18/2013
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