Tossing the kid out of class and having the rest of the class vote on his 'coming back' was really stupid. The teach should be punished for her behavior.
That said.....
I am amazed that this child was not diagnosed until he was 5 years old-by the school no less!
I do not know enough about Asperger's but wouldn't that type of behavior be noticed by the parent(s) before? If this child was diagnosed with a learning/behavoir disability why was he left in a regular class? Why wasn't he further evaluated and maybe put into a situation where he would get specialized care and teaching?
IF SOMEONE IN THE SCHOOL SYSTEM came to me and told me that my child had a condition that may prevent him from learning, cause him to be mistreated in a class room situation or put him in any danger, I sure as shoot would be interested in my kid's schooling.
I am sure that any parent would run to the computer (or library) and find out what Asperger's Syndrome is and what they can do to make the kid's life more manageable. I think that the parent's statement about her child being punished for his disability a little troubling. Unless the child hummed and ate his homework only while he was in school. (Homework for a 5 year old?)
Yes, every child is guaranteed an education, but I think that the parent(s) inability to see that their child was a special needs student from the start as the biggest problem. The second is their and the school's inaction once the child was diagnosed.
Everyone has to take blame in this case.
It's a wash-get your child into a specialized teaching situation if he is deemed that disruptive to the general class population. It's not fair to the student, teacher or rest of the class to have a situation that stresses the learning enviroment.
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