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Imagine, if you will, a kindergarten teacher and your five-year-old son in a classroom.

Imagine, if you will, your five-year-old son is doing what five-year-old boys do and is touching himself through his clothes.

Imagine, if you will, that his teacher “thumped” him on his head, hard enough for him to cry, hard enough for a teacher’s assistant in the room to report the “thump,” and hard enough for the police to issue a citation, charging the teacher with assault by offensive contact.

Now, being charged with the crime does not make her guilty of the crime, but witness testimony is pretty strong, and according to the witness, the teacher thumped the student “because she didn’t like what he was doing.”

If the teacher had paid her fine, it would be admitting guilt, and she’d lose her teaching license, so she went to court over it.

And the jury decided it was cool. The jury’s job was to decide whether the physical contact was justified under Texas law, which lets teachers basically do whatever they need to in order to maintain discipline.

This teacher can now continue teaching, can continue “thumping” students, and can continue to mete out justice against her students however she thinks she needs to (or apparently wants to).

Now here’s the thing: the five-year-old child had a disability.

Do you think that played at all into the jury’s decision? Because I sure as hell do.

We know from government data that suspension and expulsion rates for students with disabilities are about two times higher than their non-disabled peers.

Our kids needs to be in school. They shouldn’t be forced out through “discipline” that is not appropriate and that would not be used on their non-disabled peers. They should not be hit by teachers. They should not be punished at different rates.

This is only one instance at one school, but I doubt it’s an isolated incident. It’s just one of the few that is reported.

How many times did a teacher’s assistant keep quiet? How many times did another teacher “thump” a student? How many times did the issue not get pressed or get dismissed within the school system?

The jury sent a clear message – kids with disabilities can be hit by their teachers, and it’s okay. If a child without a disability had done that in class, and if he had been hit by a teacher, you can be pretty sure that the teacher would have been found guilty.

Because there is no consequence for the teacher’s action, these issues will continue to be underreported and continue to happen.

Because there is no consequence for the teacher’s actions, other teachers may do the same.

Because there is no consequence for the teacher’s action, parents will be scared to send their children to schools.

Because there is no consequence for the teacher’s action, we need to make it known that this happened. That this isn’t acceptable. That there *should* be a consequence.

We need to make this news that is shared, news that is known by parents, news that causes outrage among not just parents, but educators and administrators at schools.

We can’t go back and change what happened, but we can work to make sure that the next jury that gets a case like this understands that these are not acceptable actions against any student and that just because a student has a disability doesn’t make them fair game for abuse.

Hitting a five-year-old student is wrong. Why do we even need to say this? 

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