Cheri Dean is a schoolteacher who's had enough. She is suing the Orange County School Board for "negligently" failing to remove an unruly student from her kindergarten class at Lockhart Elementary. Such removal was required under Florida Statute Section 232.271, she alleges. The statute gives teachers the right to remove disruptive students from their classes. It also requires the principal to keep the student out of the teacher's class unless the teacher agrees to take the student back, or a committee is formed to authorize the student's return.
Dean, who had been teaching in Orange County for 18 years, seeks damages of at least $15,000. She filed a complaint in state circuit court on May 27. This is only a portion of the 65 incidents involving the student that she described in her complaint:
Keisha I. Patrick, Times Staff Writer
8/21/01 - Student refused to follow up a teacher's directive and struck a teacher.
8/27/01 - Student stabbed another child with his fork, got up and started a fight at another table and told a paraprofessional to "kiss my butt."
9/25/01 - Kicked a student in the lunch line. Hit a student at recess.
10/2/01 - Whining and pouting when told to do work. Inappropriate noises. Pinched a student in the bus line, shouted at other students. Refused to apologize, argued and talked back to teacher and screamed.
10/4/01 - Yelled in a student's face. Threw clay on the floor then refused to pick up the clay. Yelled at the teacher repeatedly. Screamed repeatedly at class. Yelled at a student again screaming continuously for over five minutes.
10/5/01 - Had another student's book. When told to put it back the student became defiant and yelled at the teacher repeatedly "make me."
10/29/01 - Kept sticking his tongue out at a substitute teacher, continually out of his seat and not following directions and noncompliant.
11/1/01 - Reminders were given regarding behavior. Student pushed off a slide, hit another in the back, kicked sand at the teacher or refused to go to timeout, screamed and cried.
11/7/01 - Threw desk on floor. Moved from class.
11/13/01 - Struck teacher on leg with his hand as she passed his desk. Screamed during lunch and went under the table screaming. A girl who was holding a door open was struck in the chest.
11/15/01 - Hit two students, one in the back of the head and the other in the face. Swung his fists at another student. Punched a student in the side while he was reading and called the student "you ugly faggot."
11/19/01 - The student cut his shirt with scissors, stuck his tongue out at students, kicked students' projects, kicked student on left leg, stepped on a student's foot at lunch, pushed a student repeatedly, talked out of turn, got out of his seat.
11/27/01 - Repeatedly got out of his seat; at lunch poured milk all over his tray, began screaming and yelling and getting out of his seat; at music threw a chair, had a screaming tantrum, yelling during the music game in the classroom.
12/10/01 - Disrespectful to teachers and students. Spat on the Plaintiff and another teacher and students, and kicked sand on the Plaintiff. Repeatedly pushed students in the back while in line. Repeated inappropriate language to students. Flinging arms and kicking at Plaintiff with said student's hand contacting Plaintiff's arms.
12/11/01 - Hit student on the left cheek. Hit another student in the left eye.
12/12/01 - Substitute teacher left note saying that student was fighting and disrespectful.
12/13/01 - Hit one student on the right side of his head and one in the back of his neck while walking in line to the classroom. Spat on another student.
12/14/01 - Punched a student on the left side of his head. Hit another student on the left side of his head. Slapped a student in the face on the top of his head. Stabbed a student with a pencil in the right chest area.
1/9/02 - Repeatedly laid on the floor. Threw jacks on the floor. Began crying tantrum when not chosen by a student for extended day line leader.
1/15/02 - Pushed down a student onto the sidewalk on the way to class. Repeatedly out of his seat. Spat on a student's face.
The Plaintiff was transferred on Jan. 18, 2002 to another school for what can best be described as a retaliatory measure by the Defendant due to Plaintiff's protest and demands for compliance with Florida Statute Section (symbol) 232.271.
As a direct and proximate result of the negligence of the Defendant, Plaintiff suffered physical impact to her body resulting in emotional distress, humiliation, mental anguish and loss of enjoyment of life.
