Posted on 09/29/2007 7:42:33 AM PDT by jeannineinsd
A Brooksville, Kentucky, family vowed Tuesday to fight for the rights of children with autism after a criminal charge was dismissed Tuesday against their six-year old autistic son.
"As for our plans we plan to seek the best possible outcome for our son's future," Cathy Darnell wrote in an e-mail to WCPO-TV on behalf of her son, Nathan.
"Sadly, that probably means by civil action," Darnell said in her e-mail. "We understand that may bring a more political aspect to the matter."
Nathan Darnell was charged September 11 with 4th degree assault, a minor misdemeanor, for allegedly knocking a kindergarten aide to the floor at Taylor Elementary School.
The aide, Glenda Schultz, told Bracken County sheriff's deputies that she sustained bruises on an arm and lacerations to a knee in the incident.
The case wound up in the Bracken District courtroom of Judge W. Todd Walton, II, Tuesday afternoon.
Public Defender Amanda Mullins asked that the charge be dismissed because of Nathan's age and autism.
"A child can't participate in their own defense at six-years-old because they're unable to answer questions or give me their version of the story accurately," Mullins said.
The judge agreed.
"I was happy. I was tearful," said Cathy Darnell, outside the courthouse. "It's what I've been waiting for."
Nathan's father, Tony, added, "I'm very happy, but we feel that people still need to be aware of what happened and that people need to learn from it."
The Darnells came to court not knowing what to expect, but with the knowledge that they've received support from around the globe.
"We've got people from the United Kingdom and they're worried that if this stands, its precedent will be that it's against the law to have a disability in this world," Tony Darnell said.
They left breathing an emotional sigh of relief.
"It's our son. I don't know how to say it," said Tony, fighting back tears. "It's our child. Everything that makes him so unique and precious to us is everything that was almost held against us."
Mullins said with the criminal case closed, the matter is now between the Darnell family and Bracken County schools.
"It's not an issue of assault," she said. "It's an issue of a school being unprepared to deal adequately with a child like that."
Tony Darnell says he hopes that can be changed.
"Try to correct the things in society and this region that caused this," he said. "Making people aware. Letting the school know that we don't hate them. It's just that they suffer from the same lack of funding and understanding that we do."
Darnell continued, "We're learning, and learning how to deal with our child and love him. They get paid to do so, so we expect it."
Bracken County Schools Superintendent Tony Johnson issued a statement which read:
"Upon advice of legal counsel, neither I, nor any other representatives of the Bracken County Schools, will comment on this matter due to the Family Education Rights and Privacy Act, (FERPA), which affords a right of privacy to parents and student relative to their educational records." What likes ahead for Nathan?
His parents say they'll push to try and get the outreach and services he needs.
That might mean transportation to a day care program.
It could mean more funding for training educators about dealing with autistic children.
"We want him to know that his parents did everything they could to give him the kind of life and help he needs," said Tony Darnell.
I don't think criminal charges are appropriate for a six year old boy. I also agree that children cannot be pushing, hitting, or otherwise harming an adult in the classroom. The other students should not have to have their studies disrupted by a child who cannot control his behavior. It seems the best thing would be to have this child in a self contained special ed class, with teachers and aides who are familiar with his disability, who can deal with him and can teach him.
Due to this child's age, I am glad this will be handled by the educational system rather than the criminal justice system.
Here is a link to the earlier post.
http://www.freerepublic.com/focus/f-news/1901175/posts
The child is unfit for being in public.
While the classroom is a special case, there is no overall right that this kind of behavior by children be tolerated in public, regardless of their maladies or afflictions. Parents need to be willing and able to control their children in public.
We had a couple of children (autistic)in our school system that behaved in a similar fashion.
In one case one of the children and the aid were like oil and vinegar. I often wondered if the aid brought out the very worse in the child because no one else had trouble with him.
Anyway, it is a team approach to dealing with these children and through the use of behavior modification and instruction in how to deal safely with outbursts these children are doing quit well today. We can’t give up on these kids.
With an attitude like that, it would seem that you are as well. What part of autism do you not understand? Read, learn, and hopefully overcome.
Ruck
I have seen these autistic children in action and its very hard to watch them when they can’t control their emotions or even know who they are or what they feeling at the time.
People please become a little knowlageable of Autism because there is more coming.
When you mainstream children with physical and mental disabilities this is bound to happen.
“The child is unfit for being in public.”
Indeed, perhaps locking him up for the rest of his life is the answer. Shock therapy perhaps?
Your attitude is appalling.
“When you mainstream children with physical and mental disabilities this is bound to happen.”
Ahh so mainstream children never get into fights or disagreements?
Everyone has issues to deal with and locking disabled people up is not the answer.
Also, if you have a behavior problem child, regardless of disability or not, would this not endanger the other kids? I by no means support putting him in a special ED class that would not challenge him but why not one that would have teachers with time and experience to work with his education needs in addition to his aggressiveness? Just wondering.
You sir (loosely) should never be let loose in society! You have got to be the biggest friggen AS!H!!E I have ever read a post from! I hope you do not have any children or allowed to be in close proximity to any! Just hover in the corner with your little computer and do not venture out into public. Your Unfit!!!!!!!!
Millions cry "he's AUTISTIC!". He smiles.
He will sooner or later kill someone. Millions cry "he's AUTISTIC!". He will smile.
Everyone who flames me for saying he is accountable for his actions, I hope he finds your daughter.
I hope you find comfort afterwards in crying "he's AUTISTIC!"
Afterwards sit in judgment on those who do not condone violent unprovoked attacks.
I think that's most likely the case. My autistic son has had some teachers and assistants that he had major problems with, and almost always we'd find out those people were not very likeable and were handling him poorly.
Too many separate issues to address here, but here is my take.
I have an autistic son (12) and have been dealing with school districts (3 different), teachers, and aides for many years now.
1- I don’t think full time inclusion is appropriate for many autistic children. My son has gradually moved part-time into regular classes (he is in middle school, and it’s only for his daily elective). In the past, he was mainstreamed during PE and Recess (not a good time for it, IMO). He has an aide with him. I don’t think a full-time mainstream class is any better for the autistic child than it is for the other kids. They are not being taught in a way that is best for their learning skills.
2- There are ways to deal with autistic children when they get out-of-control. They throw minimum wage workers with high turn-around and little training at the problem (although my son has had better luck with most of his aides than he has with a lot of his “trained” special ed teachers.) An autistic child having a melt-down needs to be removed from the situation and given a quiet space to calm down and get away from excess stimulation.
For those with little snide and hateful answers to the magnitude of issues faced by autistic parents, try walking in our shoes. I am trying to get my son integrated as much into society, as possible. It’s in the benefit of society as a whole that these kids get a good education and training in social skills while young so they don’t end up having to be locked away as adults and dependent on the state.
How do you know it was unprovoked? The boy can’t communicate to tell anyone if someone abuses him.
She was beaten for no reason.
Justify that. It will take more than screaming "autism!"
Show me the benefit to HER family.
A fair question. Fortunately there were witnesses. If the Teacher's Aid had provoked the attack they would have had her in jail
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