3 different punishments over a 5 month period for one incident -is this even legal ?

[LifeIz]

I have two kids at this school, one in year 7 and one in year 10. My DD was talking to friends during a lesson, her friend mention that her parent said the teacher was primordial, while my DD in response said her parent mention that the teacher was tribal... this conversation resulted in my DD having three different punishments, one being a 5 day internal exclusion, now she's on her fourth for the same incident, because the teacher said the first three punishments were not severe enough, culminating in another exclusion (this time external). [ angry]

Were these remarks racist? Tribal and primordial sound like they could be intended that way.

Think at best there are Chinese whispers here, at worst the children are lying. Talk to some adults to get the truth.

Doesn't racism constitute one punishment not 4 ?

Have you heard this information from a teacher or from your child?

Hi...this is the report from adults, just so you are aware only one child actually got punished.

from the teacher and children in the class.

The punishment should be set in one go. So not serve one punishment and then be told there's another. Unless they misbehave in a punishment. It's Ok (though a little unusual) to set two or more punishments but they should both (all) be set together.
I'd take it up with the head of year.

What has the school said when you asked whAt has triggered her being externally excluded 5 months after the original incident and previous punishments?

I think we may have gone past the HOY, it was the head teacher who actually set the final punishment (although I don't really know if it is a final punishment), it has been a 5 month trial.

I was told that the teacher didn't think the previous punishments were sever.

Sorry - didn't see the 5 months in the title nor see that more than one teacher has already been involved..
It could be fair enough that a more senior teacher would consider a previous punishment to be insufficient though for that to happen more than once would indicate that either their discipline policy is inadequate or that it's not being followed properly.
If you're not getting any joy out of the head then the next stage is governors. There should be something on the school website about how to approach them with your concerns.

Personally I’d be making an appointment to see the Headteacher for an explanation.

I suspect the Head will have a very different version of the story..,

There is no way that a 5 day external exclusion should have been put in place for something that happened 5 months ago. You should have had a letter from the head teacher that spells out why the 5 day external exclusion has been put in place. What does it say? Does it refer to the incident 5 months ago or something much more current?
If it really does refer back to an incident 5 months ago, then you need to appeal to the governing board about it. However you need to appreciate that with a 5 day exclusion the governing board have limited ability to do anything about it, if they believe the head teacher has overstepped the mark. If you formally complain and assuming that there has only been 5 days external exclusion in the term then the governing board must consider any representations made by parents but it cannot direct reinstatement and is not actually required to arrange a meeting with parents.

Ask for an explanation from whoever setting the most recent one. If it isn’t the head then don’t go to them. It leaves you room if you want to go further. Parents need to know the full story before asking to meat the head or governor. You said adults and children, did you mean other pupils’ parent, TA or teacher? They might not know the full story either so just get the full fact first.

A 5 day exclusion should involve a letter and details of the incident.

The email sent states:
reasons for exclusion are:
conduct consistent with the use of mocking and inappropriate language with racial undertones likely to offend.
Failure to uphold and respect British values.

Are you absolutely sure it’s the same incident?

Thank you all for your comments.
I do think my DD was indeed rude, even though she was having a conversation with other students and was not actually talking to the teacher -I do indeed think that "BOTH" students should have been punished only my DD was. I do not think however that she should have received an external exclusion when she had already received the first internal months earlier.

Hi BertandRussell, that is exactly what I thought, however my DD has only had one incident this academic year - and this is it. She ordinarily has very good behaviour.

Are you absolutely sure these are separate incidents? If not, then I’d be in that school demanding an explanation. Your daughter did use some disgusting language, but if they weren’t able to forgive 5 months ago, they should have expelled her.

I would clarify with the school about them doing separate punishments over such a long period for the same incident as they shouldn't do this.
I don't think it makes it better that they said this about the teacher in her hearing rather than to her.
Was your dd telling the truth that you or her father called the teacher tribal?

There is no way a 5 day exclusion should be from 5 months ago. You need to approach the school and ask for details of the incident involved, especially when it happened.
If they come back with 5 months ago, I would definitely appeal to the Governing Board over it, even though as I have said in my previous post you cannot get the exclusion overturned - what the Board can do is put a statement in the pupil' s file which will at least help to give a more balanced view.
If the school say the incidents have only just happened, then you need to be having words with your daughter because she is on the way to being permanently excluded if she keeps up with that kind of language and attitude.

I'd be very embarrassed that my child was being disciplined because they were repeating a racist comment that either I or my husband had made! How awful, you must feel terrible. I would be falling over myself to apologise to the teacher and the school and to reassure them that I fully supported them in ensuring my child knew this was an unacceptable way to talk about another person, whether in their hearing or not, but especially one who is in a position of trust and authority over you.

As for the cumulative punishments, that does sound disorganised. However, I'm surprised that only your DD was punished, and suspect there may be a reason for this that may be clear. Have you asked your DD?

I’m sorry and it’s unfortunate it’s dragged on but I think your child has repeated racist comments made about a teacher and sanctions should be severe. Maybe the teacher didn’t hear the other child.
It’s yourself and your child you should be angry with not the school. Your child needs to understand racist comments are unacceptable but all the while you’re feeling aggrieved by the punishment they’re never going to learn.
A single exclusion would be better but the think they just have to suck it up. At most, you could ask to speak to year head whether this related to the same incident (and if not you need to take a very firm line) and ask whether this matter is finished after the exclusion.

So a teacher should have to come to work to “overhear” comments made that are digs about their race, and that’s just fine?
I don’t believe you know the half of it. What punishments have you put in place at home?