Quoted Text

ROTTERDAM
Parent sues BOCES, school over incident
BY MICHAEL GOOT Gazette Reporter
Reach Gazette reporter Michael Goot at 395-3105 or mgoot@dailygazette.net.

    A parent of a special needs child is suing Capital Region BOCES and the Mohonasen Central School District, alleging that his son was physically assaulted — the second such lawsuit he has filed against a local school district.
    Brian Whitaker Sr. of Pattersonville filed a lawsuit in New York State Supreme Court claiming that his son was in a classroom at Draper Middle School on Oct. 21, 2011, and the teacher tried to grab his notebook containing a story he was working on and the boy did not want to release it.
    “The teacher flipped the desk over with my son in it, threw it on the floor and took the notebook,” he said.
    The child was then told to get his belongings and go to the in-school suspension office. He stopped by his locker to retrieve his backpack when school officials told them he couldn’t. Whitaker then alleges that school officials threw his son to the floor with a head and arm move similar to ones used in mixed martial arts fighting. A teacher held his thumb to his son’s throat and a social worker was scratching at his arm, according to Whitaker.
    “They pinned him down and literally ripped his backpack off him and said they had to search it,” he said.
    His son’s issues include attention deficit hyperactivity disorder (ADHD) and oppositional defi ant disorder. Whitaker added that his son has no history of bringing weapons to school or threatening people. All that was in the backpack was a peanut butter-and-jelly sandwich, toilet tissue and deodorant.
    Whitaker said at some point his son with his hands in the pockets had bumped into the teacher with his shoulder. He claims the level of retaliation was excessive.
    He also alleged that a teacher at one point had said that he could do what he wanted.
    Whitaker claims staff members were verbally abusive to him. About a month before this, a teacher had wanted him to write an essay about his role as a student and why he was not equal to other students.
    Whitaker said local police and the Schenectady County District Attorney’s Office declined to press charges.
    “They have a big bubble protecting these teachers and it’s not right,” he said.
DAMAGES SOUGHT
    The lawsuit names teacher Christopher D’Estienne and social worker Louise McGann. Whitaker is seeking monetary damages but the lawsuit does not specify an amount.
    Mohonasen officials referred all questions to Capital Region BOCES.
    “We are aware of the lawsuit, but it’s our policy not to comment on ongoing litigation,” said BOCES Spokeswoman Jill Aurora.
    Rotterdam police investigated the matter but did not file any criminal charges, according to Deputy Chief William Manikas. “We didn’t feel there was enough evidence to sustain a charge,” he said.
    Whitaker said his son, now 14 and attending a BOCES program in Johnstown, has a fear of being confronted and attends counseling.
    Whitaker had filed a similar lawsuit last year alleging that then-Schalmont Middle School Principal Michael Kondratowicz lifted him up and slammed him into a locker in January 2011.
    His son suffered a bruise on his shoulder, according to Whitaker.
    Whitaker said he had this case referred to New York State Police because he believed local law enforcement officials had confl icts of interest because of their connection to school employees.
    He said he was unsuccessful at obtaining video camera footage of the incident. School officials said it was recorded over after 30 days because of their system. .............................>>>>........................>>>>..........http://www.dailygazette.net/De.....r01000&AppName=1

Oppositional defiant disorder
I had never heard of this condition, so looked it up:
http://www.ncbi.nlm.nih.gov/pubmedhealth/PMH0002504/

Thanks joebxr...that's an interesting read:

"Symptoms (of oppositional defiant disorder)

Actively does not follow adults' requests

Angry and resentful of others

Argues with adults

Blames others for own mistakes

Has few or no friends or has lost friends

Is in constant trouble in school

Loses temper

Spiteful or seeks revenge

Touchy or easily annoyed

To fit this diagnosis, the pattern must last for at least 6 months and must be more than normal childhood misbehavior.

The pattern of behaviors must be different from those of other children around the same age and developmental level."


Sounds like his parents may have it too.

In my day, it would have been "cured" with a belt.

Repeatedly, I am sure.

Quoted from 1975

In my day, it would have been "cured" with a belt.

Myself as well.

well well well.......you people have no intelligence to make remarks as such.....the boy is a classic example of what happens to those who need help

sounds like you all should have had it when you were in school......violence...is not the answer.....

why not try to make a violent situation into something that would have resolve instead of adding fuel to the fire....

RIGHT ON PARENT..........  take it to court.....


BTW....if there had been a police officer present....the kid would have been tasered.....and charges would be to protect the perp.....who would have that been...pray tell......not the teacher by no means.....

Quoted from Patches

well well well.......you people have no intelligence to make remarks as such.....the boy is a classic example of what happens to those who need help

sounds like you all should have had it when you were in school......violence...is not the answer.....

why not try to make a violent situation into something that would have resolve instead of adding fuel to the fire....

RIGHT ON PARENT..........  take it to court.....


BTW....if there had been a police officer present....the kid would have been tasered.....and charges would be to protect the perp.....who would have that been...pray tell......not the teacher by no means.....

WOAH!!!!!  I provided a link to the disorder that I had never heard about before....did you know about it? How is that slamming the boy or the incident?

"Spare the rod, spoil the child."

Sounds like the Founders had this disorder.  Some of the slaves on the plantations had it too.  

MENTAL HEALTH as it is so called in the medical arena has many 'bad uses' of diagnosis......

Einstein and others like him would never have made it through the cookie cutter crap that we put our kids through....

'hey son/daughter, are you sheople enough to make the grade?'

'hey son/daughter, remember without the 'ticket' you are a cast out garbage collector.'

before ADHD and other 'diagnosis' how did the freakin' world survive????

I'm not saying this kid is a bad kid by any means....if anything society likes freakin' cookie cutters and so do 9-5 parents.....

so let me ask this....the school is in a continual 'lock down'....you cant just walk into the school and get your kid...the doors
are locked, you have to show ID and they decide when the kid can come out....

WTF ARE WE DOING FOLKS?????

can anyone see what we are doing as a generation?

LOOSING OUT BALLS/HUMANESS/MINDS/SOULS.....all for the good of the collective''''

SHAME ON US....DIRTY DIRTY DIRTY SHAME........

everyone get their commercials for cymbalta/zoloft/viagra and crap?????

go ahead let them label you....college kids are taking F'EN adderall to 'make the grade'.....shame shame shame on us.....

we don't need no 9/11 to take away a little more of our spirit....WE HAVE OUR F'EN LEADERS FOR THAT.....

+1 senders

School authoritarians job is to instill fear and anxieties into our children's psychology to make them compliant for their future masters.

Protect your childrens minds from these maniacs.

Quoted from senders

MENTAL HEALTH as it is so called in the medical arena has many 'bad uses' of diagnosis......

Einstein and others like him would never have made it through the cookie cutter crap that we put our kids through....

'hey son/daughter, are you sheople enough to make the grade?'

'hey son/daughter, remember without the 'ticket' you are a cast out garbage collector.'

before ADHD and other 'diagnosis' how did the freakin' world survive????

I'm not saying this kid is a bad kid by any means....if anything society likes freakin' cookie cutters and so do 9-5 parents.....

so let me ask this....the school is in a continual 'lock down'....you cant just walk into the school and get your kid...the doors
are locked, you have to show ID and they decide when the kid can come out....

WTF ARE WE DOING FOLKS?????

can anyone see what we are doing as a generation?

LOOSING OUT BALLS/HUMANESS/MINDS/SOULS.....all for the good of the collective''''

SHAME ON US....DIRTY DIRTY DIRTY SHAME........

everyone get their commercials for cymbalta/zoloft/viagra and crap?????

go ahead let them label you....college kids are taking F'EN adderall to 'make the grade'.....shame shame shame on us.....

we don't need no 9/11 to take away a little more of our spirit....WE HAVE OUR F'EN LEADERS FOR THAT.....

Senders, thank you. What a remarkable post. Your assessment of "ADHD and other diagnosis'" was spot on, and I have to admit made laugh out loud.

that's the problem....the Mental Health system is a laughing matter....and it doesn;t matter to the medical world of psychiatry...

after all...the Pharmaceutical Corps are the brainchild of corporate greed over Real help for mental health.....

take a pill.....doesn't work...take another....doesn't work...take 2 more....change and take this and that....and on and on it goes....

The parent is right on...let the courts decide...Bless that child....and all who have been treated with indifference....

Quoted from Patches

that's the problem....the Mental Health system is a laughing matter....and it doesn;t matter to the medical world of psychiatry...

after all...the Pharmaceutical Corps are the brainchild of corporate greed over Real help for mental health.....

take a pill.....doesn't work...take another....doesn't work...take 2 more....change and take this and that....and on and on it goes....

The parent is right on...let the courts decide...Bless that child....and all who have been treated with indifference....

BUT OUR PUBLIC SCHOOLS AND THEIR WORKERS (SOCIAL WORKERS/TEACHERS/GUIDANCE ETC) decide who gets
recommended.....

society has allowed GRASS ROOTS DIAGNOSIS WITH DRUGS ATTACHED AND 'SPECIALIZED LABELING'

SHAME SHAME SHAME......

if you don't have a farm to feed yourself you have to be cookie cut to 'fit' into McSociety....so I guess Obama
was more right than wrong....U didn't make that yourself, we labeled you, drugged you, filled you with half truths and
dependence.....