6 year old charged with assault.... | Autism PDD
I just thought I'd share this story I just heard about on the local news.
BROOKSVILLE -- The parents of a Bracken County kindergarten student said they have been trying to work with the system, but are now facing a day in court with their autistic son following an incident at Taylor Elementary School.
According to his parents -- Catherine and Anthony Darnell -- on Sept. 7, 6-year-old Nathan had allegedly refused to eat his breakfast at school and was told by the teacher's aide in the cafeteria he could lay his head down if he ate his breakfast. When he did not do it, the aid started to leave the area. Nathan then allegedly pushed the aide, Glenda Schlitz and caused her to fall to her knees. Schiltz's alleged injuries are unknown to the family and according to official information, the aide did not seek medical attention.
According to the family, school officials offered a one-day suspension or the school would file charges. The family opted for the suspension.
"That did not occur," said Bracken County School Superintendent Tony Johnson.
Then, on Sept. 13, the Darnells received notice of fourth-degree assault charges filed Sept. 11, against Nathan by Schiltz. The family had to meet with juvenile court officials on Tuesday.
According to the court complaint, the child "attacked (the aide) by running up behind her, grabbed her by her shirt pulling her backward, (aide) fell to her knees, (the child) then began to hit and kick her and was screaming and yelling." The aide then got away and called on a telephone for help.
What they perceive as the inability of the school system to deal with their son's educational difficulties has frustrated the family.
"He is almost three years behind his peers in some categories. Our other children get good grades and have had no similar problems," said the mother. "When we tried to get an IEP (individualized educational program) plan in place for him is when they started singling him out."
According to the parents, Nathan was diagnosed with autism about a year ago. He also suffers from opposition defiant disorder, an anti-authority based activity that appears to flare up the most when the boy is in school.
"At this point, we have to wonder why it is only happening the worst when he is at the school. It is like he is being egged on until he acts out," said the mother.
Trying to follow the rule has caused heartache when it comes to trying to get their child an education and following the rules he is asked to follow, said the father.
"It is like they want people to believe we are bad people who won't do anything about how he sometimes behaves. It is like they want you to beat autism out of him to make him do what they want and that is not right," said Anthony Darnell.
Protocols may be being followed, officials said.
"In normal circumstances, the family would probably be talking with the court designated worker first. Such a case has not passed through the court," said Bracken County Attorney Mike Clark.
According to the family, after meeting with Lisa Hord, the court designated worker on Tuesday, the child was assigned a public defender, attorney Amanda Mullins.
"We have to be in court on Sept. 25," said the mother.
According to Johnson, he can confirm the incident between the aide and student occurred and the school took appropriate actions. The school had nothing to do with the aide's choice to file charges.
"An employee is free to seek outside resolution. This is something the school has no control over. Unfortunately, the two areas overlap and there are very specific guidelines about employee privacy, and student privacy and rights we have to be careful about," said Johnson.
Equal protection is also an issue with the family who said they believe a pair of incidents in the last school year may have prompted the severity of actions now.
After being denied access to a school bus ride during his Head Start year because Nathan allegedly cried too much on the bus, the family alleges a bus driver has twice been overly rough in reseating the boy.
According to the family, they have been denied access to a video tape of a bus incident where the driver allegedly manhandled the boy even dragging him over seats in one incident and slamming him into a seat so hard he hit another of their children and caused bruising. The parents called the Bracken County Sheriff's Office and attempted to file charges.
Clark said he had viewed the bus video tape after the family complained, as did law enforcement personnel. It was determined there was not sufficient evidence to charge anyone with a crime. Because of this, the tape has been returned to the school system, said Clark.
"I cannot force the school system to allow someone to view a tape when it appears no crime was committed," said Clark. "I advised the family to consult an attorney."
In a general statement on how students with special needs are processed into the school system, Johnson said the district uses the Child Find program, and other programs to help identify children who need special attention or have special educational needs.
"I do not like the word placement, but unfortunately that is sometimes what is necessary in the best interest of the child to accommodate their needs," said Johnson.
Attempts to contact Schiltz by the Ledger Independent were not successful.
That is just awful! Sounds like the schools these days.
I'm speechless.
Geez, seems like the result of a lot of acumulated issues, pent up frustratons on both sides. Would love to know the outcome of all this. I have a lot of questions for both parties-. parents and school. What is the world coming to? When a 6 year old can be charged for assault, really?
Concernedpa.
Since Mason has so many problems like this at school, I just wonder what we, as parents, supposed to do.
We are looked at as the bad people in these kinds of situations...Our child is out of control, he lacks discipline, he needs to learn...well guess what, we are trying our absolute hardest to help our child!! But when people start pressing charges and suspensions are being handed out, we feel even more helpless...All we want is for our child to have the same chance at life as everyone else. !!!Oh you have to be kidding. This is so unreal. How could this child have
gotten such an incompetent aide. What kind of BIP was in place? So many
questions. Schools by far are so reactive not proactive with helping a child
with behavior issues. There are many things such as Intense Behavior
Intervention services that a child can receive before things have to come to
this. These are the things that we as parents should be fighting for. There
plenty of ways to address behaviors and most of it very expensive. If you
work on it early on, you will see improvements. This is just a very sad story.
This is ridiculous.
This sounds way over the top for a 6 year old, any 6 year old, special needs or not.
Something I want to share though. A few years ago my 16 year old niece made a catty comment to a classmate about another girl. Not unheard of for a 16 year old girl LOL! However, later that day my niece was at her locker and was jumped from behind by this girl and her sister. Luckily for my niece, two things happened: 1. A teacher saw the whole thing and quickly dove in and 2. my niece was completely taken off guard and as such she was too shocked to hit back (because if she had, she would have been suspsended as well, and thrown off of her sports team because the school has a zero tolerance for fighting regardless of who started it, self-defense or whatever.)
My SIL was pretty upset, the other kids got suspended and my SIL thought it was over but then she was contacted by the principal asking if she wanted to press charges. She hadn't even considered this. Her daughter was shaken up but not injured and the school took approrpriate action (10 day suspsension for culprits) so she thought it was done. My BIL and SIL thought it over and then asked the school what they thought would be the best thing for the two girls (they apparently came from a pretty awful home situation) if she did press charges. Would they get help they needed? Would it only make their lives worse? She was referred to the DA but still didn't get what she thought were helpful answers. They talked about it with my niece and all together decided to let it go. My niece learned a tough life lesson about what can happen when unkind remarks are made about the wrong person.
When my SIL informed the school that she would not be pressing charges, to her shock the school said that they might go ahead and press charges anyway! My SIL had no idea they could do that without the victems consent, but I guess they can. My SIL had the impression that these girls were known "problems" and the school was looking for an excuse to get rid of them. I guess the school did go to press charges but the case was dropped by the DA for whatever reason.
The world has certainly changed since we were in school.
I have been assaulted many times by clients, it comes with the job.
I feel so bad for the little guy
[QUOTE=zayzer]That's why I wanted my son's dx on his IEP and a BIP
in place. Then these types of behaviors will have to be addressed
according to his IEP and everyone who deals with him has to be aware of
what to do.
Right on!
This story makes me want to cry--I am APALLED by it. Sad to
hear the school suggest "placement" aka institutionalization for any child,
let alone a six year old.
At this rate, with dd's outbursts & issues, I pray it never happens, but I
could see an incident like this occurring down the road. For a 3 1/2 year
old w/ hypotonia, when she is having a fit or a meltdown, she seems to
have supergirl strength. I can only imagine a 6 year old boy's strength
(add in the ODD too). I really don't see how this boy is at fault here.
I really can't believe this aide is pressing charges. I hate to say it--but
she may be after money (civil trial) than anything else OR the school has
pushed her into it so they can kick this child out.
What will come of this little boy????
Yes many of these behaviors are caused or made worse by the people who care for our children. When my son has his FBA they found out he was getting out of work, getting tangibles, on a couple occaisions getting attention. It also found out the the response to his behavior was not consistant. Just a simple thing like planned ignoring and using the Verbal Behavior method of teaching made things improve greatly. He no longer gets aggressive or has long drawn out meltdowns. We use the same behavior plan at home. The school fought against all this however.(Maybe resistant, very resistant would be a better way to put it) They made it as hard and as painful process as possible. I almost gave up.
I don't know how this aid sleeps at night. The child is probably scared to death and the stress on the family........
That's awful that they would try to get those girls kicked out! Cute Cocker Spaniel...and boys too.Update on this story:
Update: Assault Charges Dropped Against 6-Year-Old
Well, that's a relief.
Nathan Darnell's parents still have to worry about where their child will go to school and how he will be treated there, but at least they don't have to worry about him having a criminal conviction.
As I wrote about earlier today -- ranted about, really -- a school aide filed fourth-degree assault charges against the Kentucky six-year-old after he allegedly pushed her to the ground during a dispute over breakfast. According to a report from WCPO.com, the boy's public defender successfully argued that his age and disability made it impossible for him to participate in his own defense. The judge agreed, and the case was dismissed.
The parents are discussing civil action. The school district is refusing comment -- student's right to privacy, don't you know. There's no word in the story of what the aide may be planning. But the immediate concern will be ensuring that this kid can have a safe education, and that others will not find themselves on the docket.
As the public defender is quoted as saying, "It's not an issue of assault. It's an issue of a school being unprepared to deal adequately with a child like that." And that's something that affects all of us.
Source: www.specialchildren.about.com
Norway Mom, you beat me to it!
I just want to add I saw an interview with the boy's father. He said something to the effect of, "We are learning daily how to deal with our son and his autism. Why isn't the school willing to do the same?"
I think we've probably all had those thoughts before.
"As the public defender is quoted as saying, "It's not an issue of assault. It's an issue of a school being unprepared to deal adequately with a child like that." And that's something that affects all of us."
Yep! all of us
Schools jobs streets nation world . . . .
None of them are 'prepared to deal adequately' with the spectrum. That's why Society needs to isolate us and abuse is tolerated.
""As the public defender is quoted as saying, "It's not an issue of assault. It's an issue of a school being unprepared to deal adequately with a child like that." And that's something that affects all of us."Amen!
When I open my own school for autistic children and other speical needs children (Yes and entire school :D:D) I will make sure ANYONE who wants to work in a class room will know how to work with kids and how to deal with situations like that, and I will require them to attend regular seminars on the care of special needs children. I don't understand how some people are allowed to teach...........I am just really really picky..........
Schools have the right to discipline sped kids in the same way that they would discipline NT kids (no harsher) for up to 10 days. ON the 11th day (or the 11th day of an accumulation of suspensions for similar reasons), they MUST hold a manifestation determination hearing. This is an IEP Meeting the purpose of which is to determine whether or not the child's misbehavior is a manifestation of his disability. If it is, then the suspension is expunged. However, the school district CAN change the child's placement for up to 45 days without parental approval. In the meantime, an FBA MUST be done and a BIP developed. To learn more, search "discipline" at www.wrightslaw.com
I am so relieved, that this case has been dscharged. The outcome would certainly affect us all. I hope schools would be more realistic to the fact that autism is a fact of life. Changes would only come in reality when the people who actually work with our children i.e. school administrators and teachers are caring and accomodating. For now I see too many go through the motion of doing what is expected without commitment while just working on gathering data that the child does not belong.
Concernedpa.
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