Legal Question in Education Law in Wisconsin

What are my rights as a daycare teacher?

I work at a daycare with the 3 year olds. There is one child who calls my coworkers and I, quote unquote, ''Motherfucking bitches''. He has hit me and kicked me numerous times. Last week, he bit me on my neck. If this were to occur between two adults, and not an adult and a child, I might have a case for harassment. However, since the child is only 3, what are my options? I feel I'm getting harassed at work.


Asked on 7/20/03, 10:10 pm

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: What are my rights as a daycare teacher?

Unruly children are not capable of harassment. That's silly.

What you have is a child who is hard to control and not getting the discipline he needs. Ask the parents to learn to control their child, or remove him from the daycare. If the child is that much of a problem, then the parents are not good customers and they can take their brat elsewhere.

Sometimes, in business, you have to let bad eggs go, and open up that space for a customer who will bring you good things.

You might also recommend that the child get counseling, because that sort of language out of a young child and that sort of acting out may also be signalling a mental disorder, --which certainly could lead to much greater awfulness down the road if not properly dealt with. Your insurance carier might also have some ideas, because if the child harms himself or others, the day care center is going to get hit with the lawsuit, count on it. The parents may simply not recognize that their child needs more help than they're capable of giving him. A concerned word from the people who see the child all day may be what's needed to get the kid into therapy.

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Answered on 7/21/03, 1:20 pm


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