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DISABILITIES :
CHILDREN :
EDUCATION: K-12 :
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MEDICAL: CONDITIONS: AUSTISM:
5th Grader with Autism Charged with Felony Assault
Dec 31, 2009
5th Grader with Autism Charged with Felony Assault
KPS for Parents
Making Special Education Actually Work
<http://www.kps4parents.org/blog/?p=712>
I am writing today about a deplorable situation in my home state of
Arkansas involving an 11-year-old with autism who has failed to receive a
Free Appropriate Public Education (FAPE), according to the events
described by his grandmother (see the Examiner news article). Zakhqurey
Price is a 5th grader at Beard Elementary in Fort Smith, AR, who is
challenged by autism.
Im not going to repeat verbatim the article cited above because thats
unnecessarily redundant. Ive already posted comments on this article and
its sister article at Great Schools in hopes that the family will get the
word and contact Arkansas Legal Aid for help. The point of todays blog
article and podcast is to use this horrible situation as a teaching
example and learning opportunity for others. Im going to presume for the
purposes of this article that the familys assertions are true.
<snip>
The fact that this family has a court date on January 12, 2010 on the
felony assault charges means the charges obviously havent been dropped and
Fort Smith schools are prosecuting handicapped children for manifesting
the symptoms of their handicapping conditions rather than providing them
with a FAPE. What is more, in addition to the claims that this family most
likely has under the Individuals with Disabilities Education Act (IDEA),
they probably have actionable claims under Section 504 of the
Rehabilitation Act of 1973 for discrimination on the basis of handicapping
conditions. While the IDEA claims can only pursue remedy in the form of
special education services, the 504 claims can pursue monetary damages.
The Districts board of education, which is comprised of Dr. Deanie Mehl,
Ms. Shannon Blatt, Mr. Wyman R. Wade, Jr., Ms. Jeannie Cole, Ms. Barbara
Hathcock, Dr. David Hunton, and Ms. Yvonne Keaton-Martin should be
mortally ashamed and embarrassed right now, and are well-advised to keep
their eyes on the horizon for a big, fat legal expense that should never
have had the occasion to develop.
Fifth grade autistic boy charged with a felony
December 30, 12:47 AM
Special Education Examiner
Robin Hansen
Examiner
<http://www.examiner.com/examiner/x-4959-Special-Education-
Examiner~y2009m12d30-Autism-is-considered-a-felony-in-fifth-grade#>
A shorter URL for the above link:
<http://tinyurl.com/y9yk9jv>
Carole Reynolds is desperate to help her eleven year old autistic
grandson, Zakhqurey Price, who has been charged with multiple counts of
felonious assault against two school district employees. The school is
Beard Elementary in Fort Smith School District, Arkansas.
Reynolds says, "On August 18th, my 11 year old grandson started the school
year, and we requested an evaluation be done as he was returning from
another district that recommended he have an aide with him at all times.
We tried to get an IEP together before school started in July and were
refused and told to wait until school started."
Reynolds has been refused access to Zakh's records in spite of repeated
requests. She said, "We have made requests to receive a copy of his
evaluation/assessment results before the October 15th temporary placement
IEP meeting and were refused because they said it was not allowed by state
law."
<snip>
Reynolds continued, "We repeatedly asked for a Functional Behavior
Assessment FBA, and positive behavior plan with positive behavior
strategies and supports, and the school to stop calling the police on my
grandson. At the October 15th meeting, suggestions and guidelines were
agreed upon but no formal positive behavior support plan was completed."
Reynolds is sure the suggestions from the meeting were not implemented.
Worst of all, there was no positive behavior support plan in place As a
result, Zakh had a meltdown two weeks later.
On Oct 30th, Zakhqurey exhibited behaviors manifested by his Autism, which
led to restraints. The police were called. In the process of attempting to
restrain him, two staff members were injured and filed felony charges
against the 11 year old child. They cornered him and tried to take him
down, he fought back. There were very minor injuries to principal and
teacher. The fifth grader was taken away in handcuffs and booked with
juvenile criminals. He has an IQ of 68.
------------------------------------------
The complete articles may be read at the URLs provided for each.
Sincerely,
David Dillard
Temple University
(215) 204 - 4584
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