July 12, 2010 in News, Idaho

Parents sue over 8-year-old’s school arrest

Associated Press

Tags:Bonner County Sheriff’s DepartmentCharles TowryLake Pend Oreille School DistrictSpring Towry

26 comments on this story so far. Add yours!

flutieflakes on July 12 at 2:05 p.m.
Wow, talk about taking a tough situation and making it 100x worse. If the school is incapable of working with autistic children, well, they probably shouldn’t be teaching autistic children.
In the words of the now-immortal baseball umpire Jim Joyce, “No, I did not get the call correct. I kicked the sh*t out of it.”
Nahzuul on July 12 at 2:27 p.m.
What did the school district do that was wrong? Call the police? What else do you do when there is an assault?
Is the child capable of knowing the difference between right and wrong? Did placing her in handcuffs teach her anything? Is the problem in this case the school, or is it sue-happy parents who do not hold their children accountable for their behavior? I guess a judge will decide.
Flutielakes, you may be correct, if teachers are supposed to accept being spit upon and assaulted as a part of their jobs. You also may be correct, if the child should be in an institution and not in a public school, for her own protection.
spokanada on July 12 at 2:35 p.m.
Nahzuul,
Imiagine if the police were called every time an 8 year old was shoved on the playground? There is no way the cops should have been called.
PhiltheBibliophil on July 12 at 2:37 p.m.
Nahzuul, is that some form of Arabic Nozzle? I don’t condone the behavior but you can’t be serious? Handcuffs on a kid with Autism? If the school can’t handle these kind of problems then she shouldn’t have been allowed to attend. With the mentality of the majority in Northern Idaho, and were they allowed to spread, this poor child would have been “culled” at birth! I say sue!
spokanecougar on July 12 at 2:45 p.m.
Gotta love northern Idaho, so backwards and stuck in the past.
flutieflakes on July 12 at 3:07 p.m.
“What did the school district do that was wrong? Call the police? What else do you do when there is an assault?”
Umm yes, that is exactly what they did wrong.
Obviously I don’t expect teachers or administrators to “turn the other cheek” when dealing with a misbehaving 8-year-old, but calling the police over classroom disturbances is a terrible reaction to the situation. If I was a parent at this school, I would question what type of internal controls are in place to deal with problems. The last thing you want to see in the parking lot when you come to pick up your kids is police cruisers.
MrNatural on July 12 at 3:09 p.m.
Arresting and handcuffing an eight year old girl !?!…restraining I can understand but arresting and handcuffing?
They must be making 8 year old girls one hellava lot tougher than they used to…I’m surprised she wasn’t hog-tied and tazered.
Next week…Day Care Toddler Assassins will be surrounded by a SWAT Team negotiating the release of the nanny being held hostage
SpokaneLiberal on July 12 at 4:26 p.m.
Nahzuul your comments would normally make sense but this is an autistic special needs child. Putting them in handcuffs didn’t teach them anything it probably made the problems worse.
Hcklbery on July 12 at 5:48 p.m.
SOOOO !
LETS SEE IF I GOT THIS CORRECT.
An 8 yr old girl, NO NO, An 8yr old autistic girl is deemed by the school district and the police to possess the maturity AND self awareness sufficient enough for an arrest and be hand cuffed for ACTING OUT LIKE A, WELL, LIKE A CHILD WITH AUTISM. RIGHT ???
BUT !!!
A perfectly healthy 17 yr old neither possesses the self awareness nor the maturity sufficient enough as to be considered as having even SOME contributing guiltiness to seducing an older man.
TRULY OUR NATION IS SUFFERING FROM A LACK OF JUST COMMON DIGNIFIED LOGIC AND SENSE OF SIMPLE RIGHT FROM WRONG.
WE REALLY CAN’T CONTINUE WITHOUT SOME SERIOUS HEART AND SOUL EXAMINING QUESTIONS BEING ASKED AND ANSWERED.
THIS SHERIFF’S DEPT HEAD AND ARRESTING OFFICER NEED TO FIND SOME OTHER LINE OF WORK BEFORE THEY REALLY DO HARM TO SOMEONE .
ceebee on July 12 at 7:08 p.m.
How can so many of you make these snap judgments without knowing even a fraction of the facts? As an elementary school teacher I have seen first and second graders being carried to the office by the principal or counselor because they were throwing tantrums of mega proportions, putting themselves, their classmates, and the teacher in danger. This happens on an almost daily basis. I have witnessed the injuries to staff as they tried to be as gentle and safe as possible in handling the situation. So many times, the parents were unavailable (sometimes legitimately, sometimes not) to come help with the situation. Caller ID is very handy for avoiding the regular phone calls to come get an out-of-control child.
Yes, it does make a difference that a child has a legitimate and diagnosed disability. It makes a difference that there are even fewer ways to handle a disruptive and dangerous situation. It means that the other 25-30 kids in the class must be subjected to more inappropriate behavior and potential danger. It means that their needs are set aside constantly to deal with the disruptions.
In this situation, the school staff may or may have acted appropriately. But the fact is, there are far too many kids with problems requiring settings other than that of a regular classroom. But due to lack of funding, or willingness to fund adequately, or the (misguided in my opinion) belief that mainstreaming is best in all situations, school districts continue to place these kids in overloaded classrooms and expect the school staff to figure it out rather than creating specialized classrooms and settings that would benefit ALL students.
And finally, it was the POLICE that searched, handcuffed, and removed this child. NOT the school employees.
AmyY on July 12 at 7:25 p.m.
@ceebee - are you suggesting that those not fitting your definition of “normal” be institutionalized and tucked neatly away from society?
I can see where mainstreaming may be frustrating for a classroom teacher if they are not supported well by their district. Trust me, it’s just as frustrating for the student and parents to not have adequate supports.
From the information provided in this story as well as the previous stories, it appears that there was not a positive behavioral support plan - or that it wasn’t followed. Many children with ‘disruptive’ behaviors will not escalate to this extreme through positive behavioral supports. If they do, then the plan needs to address how that will be handled. Most people with autism will not de-escalate with restraint. Restraint and seclusion has injured and even killed children in this country.
It seems to all come down to money - districts don’t want to pay for adequate supports in the classroom, they don’t want to pay for training for classroom teachers on how to manage an inclusive classroom and the perception of many parents of children with disabilities is that they just wish we would all go away. Well, autism is now 1 in 91 children (that’s about 1 in 57 boys). It’s not going away folks.
oneanddone on July 13 at 6:10 a.m.
Emotionally disabled children caused far too much distraction in an overburdened classroom. How can a teacher effectively teach a classroom with 30+ children AND control a child who cannot or will not behave acceptably. Children whose parents do not teach them to behave appropriately in public should be the ones arrested. Schools are not in the business of raising children of parents who are incompetent. The only reasonable thing is to remove the child and call the parents. Every time. Inclusion has gotten out of control.
Scoutster on July 13 at 7:06 a.m.
How about we just put shock collars on ALL kids, and teachers can just zap them when they get out of line? That’ll teach ‘em some respect!
C’mon people. These folks need to find another line of work.
ericdx on July 13 at 7:51 a.m.
I love the lack of intelligence being shown here.
To Ceebee, if you can’t hack it, then get out of the teaching field. You of all people (if you are properly trained) should KNOW the issues of dealing with an Autistic child. If you do not, then you had better learn. I am a parent of an Asperger’s child, and i can tell you from first hand knowledge that the handcuffing of that child was the WORST thing that could have been done. There are methods of dealing with Aspergers children who are in an “episode.” Either the teacher and principal are incompetent, and shoudl get out of the education field, or the school district is deficient on their training and understanding of how to work with Special Needs kids, and needs to be retrained, or else pay to have these children transported to a district which can handle their needs. A child with Aspergers can be mainstreamed with normal children, my son has been mainstreamed for several years, but there are challenges which must be handled. Maybe you and your fellow teachers shoudl come off their high horses, and not demand a raise every year, instead allowing some more funds to hire more teachers. most people have not seen raises in a couple of years in this economy, but I bet you will be out there with your hand out for more money each year at contract time. Most school districts coul hire a couple of new teachers if the Teachers Unions were to say “we wont take a raise this year, so that you can get 5 more teahcers and relieve some of the overcrowding,” but you would rather get more money in your pockets, then complain about being overloaded with students. i wonder how you would survive in the real world, instead of your protected place as a teacher, where you can be absolutley terrible as a teacher, and not risk being fired.
As the school should have had an Individual Education Plan for the child, per Section 504 of the 1973 Rehabilitation Act, Federal Law 29 USC 701 , it will be interesting to see if the school was actually following the education plan or not. If they were not, then not only should they be held liable in the lawsuit, but they can recieve federal fines for violating Federal Law.
And Onenadone, as well as Ceebee, what would you do with children with disabilities? Keep them locked in the closet under the stairs? Toss them away to asylums? I hope you do not have a child with special needs, because you would be one of those parents that woudl blame the child for messing up your perfect ideals of how a child should be. Do us all a favor and get sterilized, so that you do not end up as an abusive parent to a disabled child.
Maybe if there was a combination of more funding for schools, teamed with incentives for techers to perform well, and a removal of the job protections that bad teachers recieve, and a reingagement of parents in the education process, maybe our whole education system would get better.
Maybe some of you tools that think that the child is at fault should try dealing with the needs of an Aspergers child. I know those needs, as we have raised an Aspergers child. it is not easy.
SpokaneIsFun on July 13 at 9:24 a.m.
I love this system. Your child has special problems, needs, so you dump it on the school district (who teaches to the mass) and wait for something to happen and blame everyone else. Then you call a bloodsucker and sue everyone to make money off this mess. I believe a lot of school districts are mandated by law to take the child. Maybe the parents should have placed their child in a special school BUT WAIT that would cost them extra money. Why not just use the public school system. It’s free.
SeaGirl461 on July 13 at 9:57 a.m.
The true lack of intelligence here is the accusations of those saying that others have suggested that children with disabilities be institutionalized or “locked in a closet under the stairs”. Not once has anyone remotely suggested that, yet the inference has been made multiple times. Simply amazing. Not to mention claiming that these teachers who typically work on a graduated salary plan are “demanding more money” every year. They provide an invaluable service and are the very first to get praise and gratitude for the influence they have on my children’s lives.
I realize that this may be a wild notion to some, but has anyone even once stopped to consider that there is only a fraction of the true picture shown through this story? Not by fault of any under reporting but for the protection and privacy of the child. To assume that this is an isolated incident is heavily on the naive side. Not to mention the little fact that the schools bend over backwards to get those diagnosis’ in place because once they do they get more funding for assitance in overloaded classrooms. There is also the fact that many parent refuse those services offered because of the stigma associated with special education. We do not know the full story here and there are dozens of possibilities here that we could speculate on, though that would severely dramatize the incident further.
Being a parent of a child with the aspergers diagnosis, I can say first hand that the autism spectrum is extremely broad with little classification of variances in the degree of functionality. It is an emotional and intensive journey, but one that with dedication and a lot of breaks fir fresh air can be managed. Some individuals with aspergers are quite rigid and the rules are the rules, so having law enforcement step in is truly the best thing for them. Once they realize that they are breaking the rules and that there are consequences for their own actions they will stop and remember it in the future. This is absolutely not the case for everyone, for my child it would be hands down as he respects and needs the order and structure of rules and schedules. Having said that, just because a child has a diagnosis of aspergers does not allow them to act inappropriately towards others. If they function high enough to be in the general education classroom they are rightly held to the same standards as every other student and it is necessary that they understand that their parents and teachers have that expectation. That is the purpose of mainstreaming these kids. Everyone has challenges, so, this particular challenge affects social graces but in no way intelligence or ability. There are many famous, sucessful and highly intelligent people who have (had) or are thought to have had aspergers. Some are Bill Gates, Sir Isaac Newton, Jane Austen, Albert Einstein, Charles Darwin, Thomas Jefferson, Motzart, Beethoven, Dan Akroyd, Michael Jackson and Thomas Edison.
This is a very delicate matter and until you are in the parents shoes, the teachers shoes, the police officers shoes and so on, you can only speculate on how you would handle the situation in the moment.
philipgregory on July 13 at 10:42 a.m.
This is absurd!
I am really looking forward to reading about the multi-million dollar punitive judgement against both the school district and the fascist police that hand-cuffed an 8 year old third grade child.
eagleproducer on July 13 at 11:48 a.m.
ceebee: As an educator, I would have to say that if you are witnessing meltdowns of epic proportion on a daily basis you might want to re-visit Classroom Management 101.
Teachers need to get back to solving problems in their classrooms and be the ultimate arbiter on behavior. Kids realize teachers who pass the buck CONSTANTLY are not who they will be held accountable for their actions. Calling the police on an eight year old at school is admitting your failure at controlling your learning environment.
ericdx on July 13 at 12:06 p.m.
Seagirl -
Please, feel free to show me the last time that a teachers union went into talks for a new contract, and did not demand a pay raise for each year of the contract, and did not pitch a fit about not getting as much of a raise as they wanted. i have been alive for over 40 years, and i can’t think of a single time, but I can think of a lot of times that teachers have gone on strike for higher wages. I can think of a school district that struck for 2almost 2 months, because they wanted higher wages, and when they finally got them, screamed bloody murder because to afford thos higher wages,teachers had to be let go, so they cried that class sizes got larger, then cried again when Christmas Break got shortened, and they had to teach untilnear the end of JULY, because they had to get their mandated 181 days of classroom time in.
I do not argue that teachers do an important job, and they they shoudl be paid well, but there are a fair number of teachers out there that don’t teach well, that know they cant get fired because of their seniority and their uniln, and are just taking money. There are a lot of school districts that are hugely wasteful of the moneys that they are given, as well. The state wastes millions on education for purposes that have nothing to do with education. (Please explain why they are building 2 new middle schools in a district, and then tearing down a middle school that, while it needs renovation, would cost less to renovate, then it would to build a new school of the same name, and then tear down the old one…)
Spokaneisfun, you truely are an idiot. You act as if the parents wanted their child to be special needs. Trust me, they did not. WOuld you rather that the abandoned the child, or aborted it? I hope not. I hate to break it to you, but the law REQUIRED a child to go to school at least until their 16th birthday, and the child and the parents have the right to expect that their child get an education at a public school (that is the law). Those parents pay taxes, just like the rest of us (unless, of couse the parents are illegal aliens, and then they get freebies). And all parents end up paying more into the school systems in taxes then they end up using, over theo course of their life. While Seagirl 46 says no one has said that the children should be “locked under the stairs,” you saying that they should not be in school is exactly what you would have happen. Until the law was changed, due to court cases, special needs children were left behind, at home, and uneducated.
Sorry that the rest of us, and particularly a special needs person is not as perfect as you are, but they have rights too. Do everyone a favor, don’t reproduce, I would not want your uncaring attitude to polute the future generations, and God forbit your child were to end up as a special needs child, because then you would be shown up to the the hypocrit you are, or would be abusive or negelctful to a child who’s only crime was to not be born in your vision of perfection.
SeaGirl461 on July 13 at 1:06 p.m.
ericdx-
Okay, here you go: http://www.k12.wa.us/safs/PUB/PER/SalAllocSchedule.pdf
That looks to me a lot like teachers are being paid less for the upcoming school year than they were for the last. At least in Washington, you can do your own research on the other 49 because quite frankly I don’t owe you my time.
As for the wasteful spending and why are they building two…… blah blah blah. I can’t answer that question for you, it wasn’t my decision and I don’t care to speculate for your entertainment without having read anything about the (off) topic. That’s not to say that I don’t have some ideas as to the why on that one, it’s just that I don’t have enough info to run my mouth about it.
I have answered your question that was directed toward me (see link). Perhaps, it being Mid-July and all, you could please share with me what public school is currently in session as you said “… and they had to teach untilnear the end of JULY, because they had to get their mandated 181 days of classroom time in”. I just dorve all over WA for a family trip (my kids got out of school weeks ago…) and failed to see a single school in session.
ericdx on July 13 at 1:39 p.m.
Seagirl,
When you quote a website, make sure you read everything. This was the third, fourth and fifth sentances at the top of that chart that you posted:
The state schedule determines ALLOCATIONS of state funds. ACTUAL SALARIES ARE DETERMINED
IN LOCAL NEGOTIATIONS. Questions regarding individual employee compensation should be directed
to the local school district personnel or payroll office.
The figures you put forward are what the state determines the pay scale shoudl be. The actual salaries are set by the individual districts, usually after getting their arms twisted behind their back by the union by strike threats or strikes.
Now this link here: http://www.effwa.org/highlighters/v14_n16_5.php
is a discussion of the strike I spoke of, which was the Marysille School district, in Marysville, Washington during the 2003 - 2004 school year. Seniors graduated on 9 July 2004, and the rest of the school district did not get out until either the 16th or 23rd of July, 2004.
I would say that the information of that link (and there are 4 more links on that page, because the link I put up is Section 5 of the lessons learned becuse of the strike,) more then demonstrated that the teachers are not all operating with higher motives. I would be willing to say that for every one that is, there is another one who is not.
Maybe you should go volunteer in a school some time. I have and do volunteer whenever I can, and I have seen teachers that care, and teachers that are just there to collect a paycheck, knowing that they can’t get fired, and who just don’t care.
eagleproducer on July 13 at 2:54 p.m.
ericdx: First of all, I am a teacher. I only know of one school district in Washington that has amended to pay schedule to include higher salaries for teachers. Our bargaining unit has allowed the disappearance of numerous positions the last two years, freezes on hiring and all other sorts of instances of “giving back.” Let me know of another group of licensed professionals who have taken similar measures. In addition, Idaho is a right to work state and the teacher’s union has NO SAY in the final determination of salaries and benefits.
Why didn’t the Marysville School district just fire all the teachers? You mean to say there aren’t a bunch of “experts” like yourself who’ve prepared to enter the classroom just waiting in the wings?
Show me one district in Washington that can’t fire teachers. Just one will do. I just signed my contract for next year and I read all sorts of clauses that state specific reasons for termination. Do us all a favor and stop volunteering in schools until you get your facts straight because we certainly don’t need your attitude, based upon false assumptions, staining our environment.
SeaGirl461 on July 13 at 5:08 p.m.
I read it perfectly fine. I just didn’t publicly make assumptions or draw conclusions that I didn’t have anything to back it up with. I would respond to the rest of your commentary but it looks as though spoketucky did a sufficient enough job of that for me.
Aside from PTO, I spend a minimum of one day a week in each of my children’s classrooms (you know, like volunteering). Possibly in the future you could refrain from suggesting action plans for those you don’t know. Probably not, but an idea to toss around.
Coffee on July 13 at 5:47 p.m.
Nothing to see here people, y’all move along now.
SpokaneLiberal on July 14 at 8:32 a.m.
Again I don’t see this as the student being a risk to themselves and others. Yes, those happen every day and some probably do need handcuffing. As someone who taught in a real inner city school with high gang involvement and real ghetto poverty I can tell you there are situations where police should absolutely be involved. NONE OF THOSE SITUATIONS INVOLVE AN AUTISTIC KID. Police could be called to protect other kids or the teacher, and perhaps should when the child is not mentally and emotionally affected in the way an autistic kid is. If Child safety or teacher safety is at risk then remove the other kids and teacher from the room and send in a counselor and another staff or two trained in child restraint. Don’t cuff the kid, it just isn’t appropriate for a juvenile with autism.
honestthinking on July 20 at 11:01 p.m.
This is an incredible tale of discrimination and ignorance. It is cruelty beyond measure towards a child with a not uncommon disability. These people should all, every one of them, lose their jobs for their terrible discrimination. No child should be subjected to such ignorance and stupidity and especially if there is a disability involved. That somebody in that district stated that the adminstrators would be “vindicated” shows that the district has an embedded institutional bias against children with this disability. I pay taxes in the district. I want whoever said that vindication is called for to be fired.