Computer imaging showing a tumor on the side of the brain.

By Jane Morris

Student aggression in the classroom happens all too often despite a teacher’s warnings about a violent student. Later when a student attacks a teacher, the teacher is often blamed for the incident.

The following is about a teacher who suffered severe injury from one such violent student assault.

Early Concerns with a Violent Student

Kim Burns-Fisher was an English professor at the college level before she started teaching middle school English in 2005. She loved teaching college but wanted a more regular schedule when she got married and started raising two stepsons and a daughter of her own. Like most teachers, her career became a major part of her identity, and despite the financial struggles and stress, she loved her job. 

In 2018, Burns-Fisher taught 8th grade English in an inclusion class, meaning one-third of the students had Individualized Education Plans (IEPs) and she co-taught with a special education teacher. That year she had a student in her class who had known behavioral issues that she had taught the year before. She was given no information about his history, but due to his behavior in her class the previous year, she expressed safety concerns for herself and other students given his uncontrollable fits of rage.

He had 14 prior violent incidents that included head-butting a teacher in the back resulting in the teacher going to the hospital; assaulting a teacher and a teacher’s assistant during class; kicking, biting, slapping, and pulling a teacher’s hair, and attempting to stab her with a pencil; grabbing an administrator’s necktie and pulling him around by it and punching him in the eye; choking a fellow student by grabbing a hoodie, and biting a second student who tried to help, and stabbing another teacher in the arm with a pencil. 

The student’s IEP diagnosed him with autism. His mother reported that he would get confused, think he was in a horror movie, and become unable to distinguish between reality and fantasy. Burns-Fisher feels this was an accurate assessment of his mental state and a clear indication that he did not belong in a mainstream school setting. 

Student Attacks Teacher

During class one day in December 2017, Burns-Fisher asked the student to return something he had taken from another student. He responded by hitting her on her back so hard that she began urinating blood. The school’s on-site medical facility immediately sent her to the ER where she stayed until the bleeding subsided. He bruised her kidneys enough to produce blood in her urine, and for that, he was suspended for three days. Despite this, he returned to her classroom the day his suspension was over.

Burns-Fisher asked the administration at least 8 times to remove him from her class because she felt he was a direct threat to her and the safety of other students, and that he was not benefitting from the instruction he was receiving. The principal stated that he did “not belong with those ‘other’ kids,” that his mom wanted him in regular education classes, and that the school had to abide by the mother’s wishes, despite the teacher’s worries about his violent tendencies.

Despite her fears regarding this student, Burns-Fisher had a good relationship with the student overall.

Events Leading Up to the Assault

On the day that the student violently attacked her, her co-teacher was not in the classroom. Burns-Fisher contacted the front office to let them know there was no sub for the co-teacher and they acknowledged that one would not be provided. Burns-Fisher has no special education or behavior management training but she taught class by herself, as she had no choice.

Later as the class played a vocabulary review game, the student became mad that she ended the game when he wanted to continue playing. He responded by calling her “a moron.” She calmly said that calling her a moron was not appropriate and asked for his behavior log so she could write a note for his parent to sign. He gave it to her and they moved on. 

Bruising and swelling along a woman's shoulder and eye.

Violent Student Attack

The student seemed excited about his team winning the game, and Burns-Fisher had no idea at the time that he was agitated or she would have made sure that he remained in sight (she was told never to have him behind her or out of sight).

Suddenly, he launched his backpack over his head and directly at the side of her face. She immediately grabbed for her walkie-talkie to call for help. He grabbed the walkie-talkie out of her hand and shoved her multiple times until she fell over a chair and hit her head on a table. The blow to her head caused her to pass out. The student then kicked her repeatedly while she was passed out on the floor. She had multiple bruises on her left side, and her wrist bent backward causing her watch to cut her hand.

When she gained consciousness, the principal was crouched down next to her and the first thing that came from the principal’s mouth was, “What did you do to provoke him?” The confused teacher started crying and said “I don’t know” numerous times. As she tried to sit up, she heard the student calling out in excitement, asking if he had killed her. No one called 911. They sent her to the nurse, gave her water, and said she looked fine.

Student Assault Causes Brain Damage

After the violent assault, Burns-Fisher felt very sleepy, and later that night she had trouble talking. A hematoma also formed on her hip. She woke up the next day with welts and scabs all over her face, chin, and shoulder. Despite this, she went to school that day.

While at school, she had trouble thinking and remembering things, and two days later she started losing her vision and ability to speak, so she finally sought medical care. Doctors diagnosed Burns-Fisher with moderate traumatic brain injury (TBI) with swelling to the brain and loss of consciousness.

Surprisingly, the brain injury caused a tumor to grow as well. Because the hit to the back of the head was so traumatic, the body continued to send cells to that area to “repair” what was damaged, which caused a tumor to form. This tumor continues to grow, and when it reaches a certain size, doctors will need to surgically remove it. Her body, however, will continue to send cells to repair that area for the rest of her life and her brain will need constant monitoring.

Burns-Fisher also has a permanently damaged eye nerve from a kick she received to the side of her head, and she had to have surgery to keep her eye from drooping too severely.

Large purple bruise on a woman's hip.

Mother’s Response to the Attack

The student’s mother showed no concern for Burns-Fisher’s injuries and stated that her son “was in a fight to the end, whether she knew it or not,” and that the teacher “should have de-escalated him by following his Behavior Intervention Plan (BIP),” which the teacher attempted to do by calling for help on the walkie talkie.

The mother directed the school not to punish her son, since it was the teacher’s fault that she was unable to deescalate him. She also asked what the school intended to do about the fact that the teacher had failed to follow his BIP. The school gave the student no consequences for his actions.

The school administration discouraged Burns-Fisher from filing criminal charges against the student. The principal responded by saying, “That would be like sending Forrest Gump to jail.”

Ongoing Trauma from Student Attack

This assault traumatized many of the students in the class who witnessed the attack. Many required outside counseling to process what they saw during the onslaught. Their parents reached out to the teacher to express concern and well-wishes as Burns-Fisher had no choice but to go on disability leave.

Burns-Fisher’s disability pay barely covers health insurance and living costs for her and her daughter. She lost her driver’s license due to constant seizures and can no longer multitask. She becomes dizzy when doing any physical activity, including walking, and she has to wear prism glasses to keep the things around her in focus.

Due to the TBI, Burns-Fisher suffers from terrible headaches and has lost the ability to understand numbers and basic math. She has to have regular speech, cognitive, and vision therapy and has lost all peripheral vision. She must use audio to text programs for anything involving phones or computers, and she has no short-term memory. It is difficult for her to keep a conversation going, and almost impossible when there is rapid-fire conversation.

Loss of Quality of Life

Burns-Fisher feels the attack and subsequent injuries have ruined her life. Her marriage ended due to the stress of the experience and the severe depression she experienced as a result of the student attack. She went from being an independent, working mother to a person who can barely handle daily hygiene routines. Workers’ Compensation almost covers her mortgage and the additional $680 a month she has to pay for health insurance. The additional cost of food and utilities have put her in substantial debt, and her injuries make it impossible for her to work. 

After the attack, her daughter had to continue to go to school with the student who caused her mother these injuries. When Burns-Fisher went to pick up her daughter from school a few months after the attack, the student stuck his head into her car and asked if she remembered him, repeating the question over and over to her.

Burns-Fisher’s daughter graduates from high school this year, and Burns-Fisher has no way to support her. Right now, they live day by day, minute by minute. They have missed open houses for colleges because they are unable to afford the gas or the hotel stay. Despite her daughter working extremely hard to get into a good college, Burns-Fisher can’t afford to pay for her tuition.

Woman with head wrapped in gauze.

Teacher Files Lawsuit Following Student Attack

Burns-Fisher is suing the school board, claiming they ignored warning signs and failed to act prior to the student assaulting her in the classroom in 2018.

The county responded to Burns-Fisher by stating, “By accepting a job with the district, staff members assume risks associated with working in a school.” 

They argue the teacher was “contributorily negligent by way of her own actions and inactions,” and could have avoided the injuries she sustained. The county also claims that she “assisted in deciding to place the student in her class.” The truth is that she asked for him to be removed multiple times prior to the incident. They have also “denied that the student had any known history of aggression,” despite the multiple reports detailed above.

Burns-Fisher’s case is ongoing, despite Pender County’s attempts to have it dismissed.

Violence in the Classroom

Unfortunately, many teachers in America have similar stories like this one of student aggression. They often express concern over a student who has been violent on numerous occasions with little response. Admin needs to provide teachers with help in the classroom before problems escalate. No teacher should be forced to resign or go on disability when they sustain a serious injury from a student. 

If you would like to donate to help her pay her attorney’s fees and help send her daughter to college, you can donate to her GoFundMe page or her Venmo page here.

Have you experienced a similar incident where a student attacked a teacher in the classroom? Submit a Secret, or chat with other teachers on the Vent Forum. You can also email us at teachermisery1@gmail.com.

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Jane Morris, Author

Bio picture for the author and founder of Teacher Misery, Jane Morris.Jane Morris is the pen name of a teacher who would really like to tell you more about herself but is afraid she’ll lose her job. Jane has taught English for over 15 years in a major American city. She received her B.A. in English and Secondary Education from a well-known university and her M.A. in writing from an even fancier (more expensive) university. As a professional queen of commiseration turned published author, Jane’s foremost passion in life is to make people laugh.

She has written several highly acclaimed books unpacking the reality of teaching and life inside the school system. You can view her full library of works here.

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12 Comments

  1. Julie McGimpsey May 5, 2022 at 10:44 pm

    This is absurd. Where in from, IEP or not, that is assault and that student should have been sent to juvenile detention. As I’ve worked education, treatment and detention. This is completely unacceptable. I am so sorry for the teachers that have no support. But Forresr Gump was not aggressive therefore, the school is completely at fault. Keep fighting, I’m with you.

  2. Todd Ripley May 5, 2022 at 10:49 pm

    Why didn’t she press charges against the student? He should be in jail. I taught a self-contained emotionally disturbed class for many years. I understand the issues these kids face….but fuck them. This behavior does not belong in schools. It’s criminal.

  3. Sarah May 5, 2022 at 10:50 pm

    What the f&@k did I just read! Appalling at all levels.

  4. Even Bob May 5, 2022 at 11:53 pm

    This incident is beyond frustrating. Having spent a few years representing a county as a prosecutor in juvenile court it’s extremely upsetting when victims are hushed, shamed, it manipulated into being silenced. The comment by the principle about her reporting the incident to police being, “like sending Forrest Gump to jail,” is just plain wrong and shows that principle’s ignorance of the Juvenile Justice Systems across our country. Juveniles don’t go to jail. They likely won’t even go to temporary detention, even for a violent offense.
    By not having any consequences (even the often laughably minor ones in juvenile courts) for his actions, this behaviorally challenged youth is learning that his actions have no repercussions. This school, district, and county has failed not only this poor educator but the child who has perpetrated this offense as well. Kids who commit such violence and have no meaningful interventions are much more likely to go on to commit violent offenses as adults. What happens when this child turns 18 and does something like this? He will likely face a much more serious and punitive adult court. One with much more substantial consequences and one which is much less likely to have adequate programming, interventions, and corrective monitoring for a mentally or developmentally challenged person than had he gotten into the juvenile system.

  5. Pam Barris May 5, 2022 at 11:58 pm

    Pretty hard to follow an IEP when you are… UNCONSCIOUS! Not every kid belongs in a traditional school setting (regardless of what the mommy “wants”), and that highlights just one of many, MANY reasons our education system is so very broken.

  6. JBJM May 6, 2022 at 1:43 pm

    This is a horrible situation. I too was in a situation where an attempt was made toward me from a student. A student was instructed three times to put his phone away. On the fourth time I instructed him to place it on my desk. He did and in returning to his desk he pushed everything in the floor. At the end of class I placed his phone in a drawer. I proceeded to go out in the hallway to greet students in the hallway since this is now my off period. The student comes in my face and asks for his phone and I tell him his mother can retrieve it from the front office. He then gets in my face with bald fists and says you’re going to give me my Fucking phone. I tell him no I’m not… he turns and throws his backpack on the floor. I then get on the walkie and calls for admin to come. He then walks back into my room pacing back & forth with fist clenched and grunting. My TA is in my room watching him while I’m still in the hallway avoiding him at all cost. I call admin to come 4 more times. I then call individual admin by name 3 additional times. Finally one of my colleagues come casually walking down the hall and I ask him to remove the student from my room. My colleague preceded to walk in my room & I behind him. The student rushes at me & my colleague grabs him but he gets loose. There is a desk between us, he beats on the desk & my colleague grabs him and pins him on the door. I’ve called a code red 3 times by now. Finally someone else comes… the building manager!!! Im at a loss right now. If it wasn’t for my colleague I would probably be in jail because I would have defended myself. What happened to the student, he was sent back to class, I contacted his mother & explained what happened, he was eventually suspended for 3 days & a few weeks later expelled for forcing a girl in the bathroom….

  7. Connie August 26, 2022 at 2:31 pm

    I have been working in a school for 25 years but I am not a teacher, only a secretary. I have seen many incidents with students. I have been kicked, spat, hit, bitten by little 5 or 6 years old mostly, and yes, when no administrators are here, I got to discipline them (not get pay for it). We have been trained on how to restrain them so for us not to get hurt or for the kids to hurt themselves, but it happens anyway. My problem is not with the children, but with their entitled parents who sometimes yelled, cussed and threatened you.
    The Department of Education of California does not want students to be suspended or expelled. There is an intervention / in school suspension class. However, they do not deter our teachers to press charges if they want to and even if they would do, I would suggest all of districts employees to press charges against an aggressive student and or parent.
    Another thing that I think it is important is to write a journal. I know you are tired and want to go home, but 15 minutes after class, at home before you sleep or on your child sports practice. Write everything that happens on a certain day when you have problems with one or several students but do not share it with anyone much less on Facebook, twitter or the likes. It is your diary. You never know when it is going to help you if you have to sue the district, if they do not back you up.
    Call the parents and your principal and if they do not support you, write their answers with names and all. At least you have a record of all instances. Talk to your union for support. The California Teacher’s Union is very strong. File a grievance. Talk to a lawyer, but do something.
    I love children, but you cannot put your safety above the decisions of the district. (Don’t press charges, because you will send Forrest Trump to jail, ha!, ludicrous answer). I know the law and even students with IEP’s can be suspended if their actions are aggressive.
    The district only wants to please the parents because they do not want to be sued. In all these years I’ve learned and know a lot of stuff.
    I know you do not want to lose your job, but do you want to end your life being disable while the district receive lots of money for not taking your life seriously? The worst thing the teacher above did in my opinion is to go back to work the following day of the attack. It does not matter the school nurse says you are o.k. she is not a doctor not a MRI scanner.
    Fill a Workers Comp. form and if you are not happy with their doctor’s result, fight back. I’ve seen teachers not coming to work until a student is removed from their class.
    In this current society parents are above the teachers because as I’ve been told many times, they pay your salary. It does not matter, eventually any aggressive kid is going to be out there and hurt or kill another person or child.
    We need laws that are more restrictive to younger kids. I agree children do not see the consequences of their actions in the long run but it some cases, parents should be held accountable. They raised them after all. If parents do not comply then they would have to pay. You know like traffic tickets.
    The students may have some kind of punishment such as cleaning, doing hard work, social service or something like the sort. (I made the after school detention children {mostly 5 and 6 graders] running the mile out in the sun if they misbehaved inside the cafeteria, then I ask them, “so, where do you want to be, here outside or in the air conditioner?). It was 20 years ago, I’m not sure about the kids now-a-day.
    Two young kids 12 and 14 started a fire in a library. Two firefighters died in that fire. After almost three or four years the courts has said the kids are not responsible because their intention was not someone to be killed. If those children would had died on the fire, I’m sure the parents would have sued the county for it. Why then we do not sue the parents. It’s expensive to go to court, but I think parents have to pay some restitution to the county and the families of the firefighters who died. Sorry, but here in the U.S. we have it very easily, and crime is going rampant with gangs of children killing adults, elderly o other minors.
    I ask you to talk to your congress to make laws to penalize parents for the things minors do. Somewhere, someone has to be responsible, and if parents do not want to make children responsible then they have to be.
    KNOW THE LAW, READ YOUR RIGHTS AND IF YOU DO NOT KNOW, ASK but never let anyone to run you over, Use the law to your favor. They have rights but so do you.

  8. NH December 14, 2022 at 9:48 am

    If nothing else, the school should be sued for not providing adequate after-care and monitoring. That is a failure by any terms. If working there means assuming risk of injury, I hope they made all new teachers sign a waiver to that effect.

  9. Mary Moore January 13, 2023 at 11:37 pm

    My heart goes out to Ms. Burns-Fisher and her daughter. I am shocked at how the school handled this.

  10. Jessica Johnson January 28, 2023 at 6:22 am

    This is sadly all too common these days. We’ve come to the place where the SPED student has more rights than anyone else. I hope it’s not too late for you to press charges and sue the district.

  11. Howard Gofstein February 8, 2023 at 9:31 pm

    It’s as if the kids and parents are The Sopranos and everyone is terrified of contacting the authorities. How can this? That principal is an idiot.
    I wish I could give this teacher $10 million.

  12. Esther July 17, 2023 at 8:31 pm

    Article update: Apparent the COURTS sided with the principal! Unbelievable!

    https://portcitydaily.com/local-news/2023/01/17/court-sides-with-pender-principal-grants-immunity-in-student-teacher-attack-case/

    It’s not a good time to be a teacher in America!

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