I am the parent of a 12-year old boy with Asperger's Syndrome. He had a bad day at the public school in Hiawatha, Kansas on November 6, 2007. He is mainstreamed is the regular classroom for most of the day. He also has a para for most of the day. His para did not go to him for lunch. That day, the P.E. teacher was responsible for monitoring of the cafeteria. He had decided to make a new seating arrangement for the lunchroom tables. (The only time most of the kids have some sense of free-will and leisure.) He started announcing where all the kids were to sit. My son, who like most Aspy kids, does not like change. Especially, if it is something he feels is restrictive of any of the small amount of freedom he is allowed. When my son got up to go to his assigned seat, he had to walk by this teacher. My son tapped him with his elbow. I admit it was willful. Was it malicious? Certainly not. Do I believe the teacher (who is a big man and a coach) was afraid or injured? He was not. He did not react in anyway, other than to send him to the principal's office. He did not seek medical treatment.
Anyway, the principal called the police department. He told us that the teacher (not the school) was pressing charges against our son for assault and battery and disturbing the peace. My husband and I were called to the school. I asked that the principal wait for my husband or I to arrive before the police had contact with our son.
When we arrived at the school, our son was sitting in the front office. The police officer was in the same room, but had not spoken to our son. The principal and the special education director and others asked us to join them in the conference room. I asked that my son not be included in the "discussion" as he is not old enough to understand Miranda Rights, Due Process or self-incrimination in general. So my husband started back out to sit in the front office. The police officer immediately got up and followed them. She still did not speak to our son.
Meanwhile, in the conference room, the principal and the special education director told me what had happened and that the school would be pressing charges.
The police officer approached our son and told him in a gruff voice that he was under arrest and proceeded to grab his arm and put handcuffs on him. He didn't know what was going on and initially squirmed away. At this point, we asked the officer if she had been told that he was disabled and she said that she had not been told. She also said "That don't matter." We asked her to let us talk to him to calm him down, which we did and he let her put the cuffs on.
The Juvenile Services Officer told us that he thought that the school was just pushing us around and said that he was going to suggest to the county attorney that no charges be brought.
Almost two months passed and we thought that he was "out of the woods" sort of speaking. Then, on December 22 - yes, two days before Christmas - we received a Summons.
He was booked and now he faces a January court date for Battery and Resisting Arrest.
We are beside ourselves with anxiety and uncertainty. We are unbelievably upset with the Hiawatha school district. We are equally upset with the Brown County Kansas attorney that is bringing these charges. We don't know what to do or who to contact that would act as his attorney - one that knows about Asperger's. We have very little money to fight this and we do not know anyone that could assist us in publicizing our story.
Any suggestions would be appreciated.
23 Dec 2007, 3:40 pm
that is why i would slassh out all american polices...acsually i almost hope terrorist will hit in police im so mad of this...but u can show this threat in court...we could maybe but up a names for our fellow aspies 
.....(and if u really show this in court this is for polices:hey ass houls get your big fat ass of the chair and come here to f**k whit me iam sure u will find ip adress and one more think if i see your faces 200m near me i promice i will take u down)...come to take a match whith me and leave kids alone 
gosh, unbelievable, how cruel! I hope you are able to get some good advice and help. My heart goes out to you and your son.
how can this happen?
