School Has Autistic Child Arrested
Charges of battery against an eight-year-old with Asperger’s syndrome have been dropped, and her parents are now pursuing legal action against the Idaho school district that called law enforcement.
What’s wrong with this picture?
Evelyn Towry was told she couldn’t wear her special jacket in class last week, prompting the little girl (whose diagnosis of Asperger’s falls on the autism spectrum) to become resistent and act out in the classroom. But instead of telling the child she could just wear her jacket, school officials said they called the cops, alleging she assaulted school staff during the incident.
She’s eight. And autistic.
Shouldn’t school officials, of all people, understand that?
While Asperger’s syndrome falls on the milder end of the autism spectrum, its symptoms are akin to what many people identify with autism – a need for structure, difficulty identifying and expressing feelings. It’s also classified as a disability, allowing children who have been diagnosed to qualify for special services from their local school district, including special consideration for their special needs.
So why should a jacket on a child with Asperger’s syndrome become an issue? Even if this child were to have become violent, the details of the case would indicate that school officials set this child – who they knew had a difficulty expressing feelings – off. They caused the problem. That would seem a direct violation of civil rights section 504, which protects kids in schools from discrimination for their developmental disabilities.
Should autistic child bear some responsibility for their actions? By calling the cops and pressing battery charges, that’s what the school district was suggesting – that Evelyn Towry was responsible for battery. But who’s to blame? Should a school district be held liable for the action that caused the equal and opposite reaction?
Image: salem news
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I have a twenty year old son who is profoundly autistic. He was arrested February 13,2009 for hitting a girl in a wheel chair on the leg. She was examined by the paramedics and they determined that she was not hurt. Judge Faber raised my son’s bail from $1500 to $10,000, plus they put a hold on him. Now I can’t get him out even if I had the money. My son can’t talk and he doesn’t even know why he is there and what is happening. I am so afraid that he is going to be forgotten there. They have taken away all of his rights and convicted him. No one will talk to me. My son is on medication and has asthma. They don’t have his medical history and they don’t want it. The only information they have is his name. The school bus driver lied about the incident. She is responsible for the incident. She had knowledge of my son’s condition, and was suppose to secure him away from the other students. Instead, she secured him next to a girl in a wheel chair. My son hit the girl once on the leg but the bus driver says that he jumped her and beat her up. The Bus driver called 911 and told them her exaggerated story. four police cars came instantly to my house and secured the area along with fire rescue. There was such a commotion in front of my house, curious news helicopters were hovering over head. The police and fire rescue saw that it was just a minor incident and the girl was alright and left. The school police officer said that the states attorney office said to arrest him. He put hand cuffs on my son and put him in the back of his police car. When he did that the school bus driver and her aid were elated and hugged each other. He was arrested at 4 PM and didn’t get to the jail until almost 8 PM. he was hand cuffed in the back of the school police car for almost 4 hours. My son, Adam Stansberry is Developmentally and emotionally challenged with a mind of a three year old.
He is being treated as though he is a criminal psychopath. He is lost on the 9th floor……I have degenerative disc disease, and I the process of applying for SSI, So I have no money. How do I rescue my son from this injustice?
Thank you,
Joanne Stansberry
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Mama Bear,
It’s not about fairness. Life isn’t fair. Prejudice and bigotry like the prejudice and bigotry expressed by Lisa are borne of fear, ignorance and stupidity. Fairness has nothing to do with it.
Lisa,
The issue of special needs has nothing whatsoever to do with threats of violence and death. If an adult made such threats, it would be a criminal act subject to prosecution.
Regardless whether the child has special needs, the school needs to deal with that situation and take any threat seriously. Because every child has a duty to learn and to acquire an education, we, as a society, have a duty to provide a safe environment for learning.
Threatening behavior is learned behavior. It is very important to find out where this child learned such offensive behavior and just how much risk this child has of committing a violent act. At one extreme end, the child may have simply parroted threats he received without understanding them. At another extreme, your child may face dire danger from this other student.
Autistic children are far more likely to receive threats than to make them. Autistic children are far more likely to get beat up than to beat anyone else up. A sizable plurality of autistics won’t ever respond with violence no matter what happens to them personally. While some autistics respond to intolerable situations with meltdowns, at least as many respond with shutdowns.
Ask any adult autistic about bullying and you will learn that every autistic gets bullied, and the typical response from those with the power to stop it is to do nothing at all and further to question the parenting skills of the autistic child’s parents for not toughening the child up enough.
Everyone,
Evelyn Towry’s behavior that caused the school to call the police had nothing to do with emotional regulation, and her teacher’s behavior that instigated the event had nothing to do with education.
The teacher’s behavior was about power and control, plain and simple. Whether a child wears a particular piece of clothing has absolutely no impact on education. Insisting a child remove a jacket has nothing to do with educating the child and everything to do with wielding power over the child against the child’s will.
This teacher is not fit to teach any child if the teacher’s goal is to break the will of children. This teacher is not fit to teach any child if the teacher lacks the meager sense it takes to choose a better battle than that one. Who the fuck gives a shit if every child in the classroom insists on wearing a jacket? Really! What possible difference could it make?
It doesn’t take a genius to figure out that the children who get no real benefit from doing so will get hot and take the damned things off in any case. Making a tolerable situation intolerable for the sake of goddammed control simply makes the situation intolerable. If you make any child’s situation intolerable, the child will act out. After all, that’s sort of the fundamental difference between tolerable and intolerable.
For anyone asking how removing a jacket could make a situation intolerable, I can only note that your ignorance doesn’t make the situation any more tolerable.
Any parent who wants their child’s teachers to make their child into a mindless, obedient automaton needs their moral compass fixed. I question the judgment of any school administrator who would employ such an incompetent teacher. I further question the judgment and values of the school administrator who called the police on the child instead of on the teacher.
And so the funding should get pulled for your children’s special projects. Schools should be in the business of teaching children. When they spend exhorbitant amounts of money on sports that benefit a few jocks, provide outreagous coaches salaries, take the state, local and federal funding meant to provide services to my child then spend it on new football uniforms for your child, then just what are these schools teaching. It’s ok to rob Peter of an appropriate education to reward Paul with a football letter on his jacket that nobody cares about five years down the road.
Lisa, do you honestly think no child has ever been threatened by a “regular” kid? Seriously? So, what do we do then, when it isn’t a “special needs” kid who is threatening your kid, but just another kid? Send them…where? There’s no “special ed” to send them off to, is there?
This isn’t simply an issue about mainstreaming, and to pretend it means that special needs kids shouldn’t be mainstreamed is very short-sighted. And it’s not at all fair. When you say kids “like this” you are likely including a large number of kids who would only become violent under circumstances of provocation. And that provocation would most likely be due to serious ignorance on the part of the other person. Should these kids be denied an education in the least restrictive environment because they may have to interact with ignorant people? I am sorry about what is happening to your son. I really am. I’d be heartbroken. But don’t make this an issue of special needs and mainstreaming. It isn’t fair.
Both of my kids on the spectrum are mainstreamed. They are both great kids and everyone likes them. Sure, there are sometimes some “issues” to deal with…with both of them. But both of their teachers are quick to point out that they have “issues” with some of their typical peers, too.
Ignorance stinks. And the ignorant cause harm to the misunderstood everyday. Believe me. I live it by watching it happen to my kids. And really, who should society make an extra effort to protect? People who are wired to deal with the world the way it is? Or people who, through no fault of their own, are wired in a way that makes the world a confusing, and sometimes threatening, place? I’m not saying that kids like Lisa’s should have to just “suck it up” and deal with being threatened. No one should. But when someone starts off with a hard-wired disadvantage, I’d think the least that a decent person could do would be to try to even the playing field a little and make some accomodations. *Trying* to understand would be a good place to start.
It doesn’t help that most people think that autism is some kind of horrible sentence worse than death which “locks” a kid in some kind of strange netherland. That may be true in some cases, but autism is a spectrum disorder, and there is absolutely nothing tragic, sad, or pitiful about my kids. They just experience the world in a different way than you and I, and in some ways, I think they are better because of it. My son, for example, simply doesn’t lie. Ever. Not even when telling the truth will get him into trouble. His teacher, who has been teaching for more than 20 years, says all the time that she has never known a child who is as honest as my son. My daughter is a fantastic artist. She is in preschool right now, but her art work could easily pass as a second or third-grader’s. She cries when people are mean, even if they are only cartoon characters. She loves to dance and is happiest when she is making other people laugh. Actually both of my kids are.
So, before you pass judgment on an entire group of people out of ignorance and fear, maybe you should take the time to get to know some of the people you are saying are not fit to be around your children. You might just be surprized that they have a few characteristics that your children could aspire to.
This is being written by a parent whose child is being threatened by a ‘special needs’ child to the point where he’s been pushed, scratched and told he was going to be shot dead. My son, being ten, took this seriously as he has seen this boy throw books at the teacher, tear video screens down, punch the principle, tackle another child and thrown kids into walls.
Let it be known, my son is a typical 10 yr old. Bright, mouthy, hyper, loves history, and has NEVER been in trouble until he finally reached the point where he had the temerity to call this child a punk after he knocked him out his seat and his head into a table. I have asked the teacher, the school counselor and the principle what my son has done to this child so I could correct his behavoir. They have no answer for me. Well, my son is now sleeping at the end of my bed tonight b/c he’s afraid of dying. Should kids like this be mainstreamed. From my point of view …. NO. Tomorrow I will be meeting with a liason from the police dept so that I feel secure that these parents don’t have knives or guns readily available and since he just recently joined my sons classroom I am making it a condition that he is removed and not my child. I will take as much action as necessary to make this happen. See this bright kid was very descriptive when describing how he was going to hurt/kill my son. I don’t know what his specific special needs are, this is confidential I am sure, but my child NEEDS to feel safe going to school.
Geez – I too am living this but the object in question is a 2 inch cow given to her by her best friend who we left behind when we moved to a new state. My child did throw a book at the teacher but the teacher refused to listen to her and told hre “I don’t care”.
They pressed charges. This is twice they have pressed charges. The first time she was 10 and the book didn’t even hit the teacher and she was in ISS for being autstic. Now she is eleven and this is nightmare.
Thanks Frisci ISD I want my child to graduate with a diploma and a rap sheet.
To Tracey – didn’t our courts already decide that separate is not equal – or does that only apply to skin color? Second of all, the only way an autistic child learns the way of the world is to be exposed to a neuro-typical world. If we “warehouse” the autistic together, they will never learn how the rest of society operates.
To the school and school district:
I believe the teacher was and is not prepared to handle any child muchless an autistic child. Would the teacher have insisted that one of her students remove a large bow from their hair? – I think not – she’s sooooo cute! What about the teens we all see with their pants hanging down to their thighs with the underwear exposed – now THAT’S distracting! I can’t believe that the jacket was so offensive and distracting that any teacher would insist on a child removing it!
What should have occurred is for the teacher to cease and desist! The teacher should have sat across the room quietly until the child calmed down. It is my understanding that the other children were removed from the classroom, therefore they were not in any danger. Autistic children have a fight or flight reaction when they feel in danger. The reaction to the situtation was absolutely normal for an autistic child. ANY child that you try to remove something from that they dearly love will react with either a strong “NO”, crying, screaming, or sometimes all of the above – perhaps not a vehemont as the autistic child, but it would register that perhaps this is not something to pursue. So why was it so important for the teacher to continue to pursue taking the coat off the child? Why was it so important to get the police involve as opposed to a trusted teacher, counselor, or other member on campus? Why didn’t the teacher wait until the mother arrived?
It is quite apparent that this teacher is not prepared and/or that the school is not supportive. They better figure it out pretty quick!
OK Tracey, don’t come on here raising a ruckus, that’s my job.
And seriously, you can’t discipline a child out of autism. It’s not that easy. There is no easy fix. And where the hell did these teachers receive their training and credentials? First of all, they should have tried other alternatives before unleashing the 5 – 0 on this kid, and secondly, if they did have to bring the mighty mighty po-po into the picture, they should have told the responding officers immediately that the child was autistic. How the hell can these teachers have a degree if they haven’t learned basic civil rights? And further, I do hope these parents of the autistic child receive compensation, they deserve it.
I want to know why there wasn’t an aide with that girl, or at least somewhere in the school who couldn’t be called to properly and gently subdue the girl until her parents could be called and the situation handled without law enforcement.
I only have pity for that poor teacher who’s hands were probably tied and has to deal with that girl’s special needs along with the equally important needs of 20+ other students.
To All,
No I am not a teacher or the parent of an autistic child; but I am the parent of a special needs child and my mother works with Head Start special needs children, a large number of who have been on the autistic spectrum over the years.
My main issue has to do with pretty much the same point Courtney made above, mainstreaming is very often not good for anyone in the classroom
Seriously Tracy, what is your problem?
Courtney, I wish everyone shared your approach.
As a former special needs teacher, I think both sides have a point. My favorite kids were always the kids with Asperger’s. They are often sweet, funny, intelligent kids who can be a delight to work with if you understand their needs. However, if a situation does develop, it can often be extremely scary. It’s easy to take the necessary steps to understand a special needs student in an environment where you have training, support, and manageable class sizes. In a regular public school, surrounded by 30+ students, with no (or very little) training or support, I can see how the situation could have very quickly spiraled out of control. Should the school have called the police? Absolutely not. Should the teacher have been given better training and support? There’s no question.
Instead of demonizing the child, the parents, or the school, we need to work together to increase education and awareness and make sure that the schools are safe supportive environments for everyone.
Tracey, I have an autistic child and he’s the sweetest boy on the planet. Autistic children are more likely to be the VICTIMS of bullies than hurt anybody when they’re in the regular classroom. Next time think twice before suggesting segregation and accusing a whole community of being a “mafia”.
Thanks, Alice, you were much nicer to Tracey than I would have been. Huh, I wonder if Tracey has an autistic child? I shutter to think that Tracey might be a teacher.
Unfortunately, this kind of story doesn’t surprise me. People are scared and don’t know how to deal with kids who have autism. Plus, every child is different. You can’t make the same response plan for every autistic child. It’s a daunting task, but the school community needs to be held responsible for their part in the plan.
Tracey,
Where should parents in the Autistic Mafia send their kids for school? The schools shouls have classes for these students and teachers trained to educate them with our tax dollars. An education is not reserved for the healthy and easy to control. It is for all American children. I hope you never have to deal with this.
Teachers needs to be trained to understand autism. Kids wiht Aspergers almost always have “special” items or clothing that makes them able to focus and calm themselves. My daughter has a stuffed cat. They are also very sensitive to their clothing, light, smells, etc… Some only wear the same kind of pants every day or socks 24/7. It helps them to feel safe and not overstimulated by newness. I know why they wanted her to take off that jacket. I have heard it before. “If we let her do it then they will all want to do it”. Bullshit. If a child ina wheelchair sits in the aisle do all the kids want to do it and if they did do we have to let them? They should be sued and the teachers fired. AS kids have short fuses brought on by panic and fear. They should be ashamed of themselves. Assholes.
Teachers can’t lay a single finger on the children in their classrooms because of the school
Second that, Knitty. Your poor MiL!
I think the real issue here is a) the sudden explosion of kids on the spectrum coupled with b) a severe lack of training for the teachers who have autistic kids mainstreamed into their classrooms. This is especially true in rural areas where the teachers are older and have a certain set of expectations for how children should behave and few tools for dealing with children who don’t fit the mold.
My MiL taught school in a rural area for 25 years, and last year she had three children on the spectrum in her class. She retired half-way through the year, utterly exhausted and miserable. I asked her if she was given any training before the autistic students were dumped into her classroom, and she told me they gave her a booklet to read. Nice, huh?