11-year-old has criminal and felony charges against him for kicking trash can in school

[eridani]

Your first two guesses as to the color of Kayleb's skin don't count.

http://www.dailykos.com/story/2015/04/10/1376872/-11-year-old-has-criminal-and-felony-charges-against-him-for-kicking-trash-can-in-school

Kayleb Moon-Robinson is autistic. This school year is sixth grade for him—at Linkhorne Middle School in Lynchburg, Virginia. In the fall, when Kayleb was still 11 years old, he was admonished for bad behavior when he kicked a trash can.

A police officer assigned to the school witnessed the tantrum, and filed a disorderly conduct charge against the sixth grader in juvenile court.

Just weeks later, in November, Kayleb, who is African-American, disobeyed a new rule — this one just for him — that he wait while other kids left class. The principal sent the same school officer to get him.

“He grabbed me and tried to take me to the office,” said Kayleb, a small, bespectacled boy who enjoys science. “I started pushing him away. He slammed me down, and then he handcuffed me.”

The cop took Kayleb, in handcuffs, to juvenile court. The cop filed two charges: second misdemeanor disorderly conduct and felony assault on a police officer. Seriously. But, according to The Center for Public Integrity:

US Department of Education data analyzed by the Center for Public Integrity show that Virginia schools in a single year referred students to law enforcement agencies at a rate nearly three times the national rate. Virginia’s referral rate: about 16 for every 1,000 students, compared to a national rate of six referrals for every 1,000 students. In Virginia, some of the individual schools with highest rates of referral — in one case 228 per 1,000 — were middle schools, whose students are usually from 11 to 14 years old.

The Education Department didn’t require that schools explain why, during the 2011-12 school year, they referred students to law enforcement. And a referral did not necessarily have to end in an arrest or charges filed, at least not immediately. But by definition, it did mean that students’ behavior was reported to police or courts.

[NYC_SKP]

1. "Kayleb, who is African-American."

Color me utterly unsurprised.

[freshwest]

2. Felony assault on a police officer? Show me the bruises and hospital report. Otherwise, no sale.

BTW, every parent of a disabled child in school should be informed of their rights under the IDEA or Individuals with Disabilities Education Act.

A PBSP should be on file for every student to minimize risk to the child and protect their rights. The PBSP or Positive Behavior Support Plan and a detailed Functional Assessment can be used to protect the child.

A typical PBSP for intervention with parental consent forbids the use of law enforcement in the case of serious problems. Kicking a trash can is not cause for calling the police.

Some schools have their own city police assigned to them, but they don't take the kids to jail, don't cuff them, etc. They are there to act as father figures at times with some students who need a good example. The idea that this young man will learn to stop 'misbehaving' with jail time and a criminal record is insane.

A well-run program takes all the factors into account that effect a student's reaction. Yes, this costs money for the school district and they are being starved by their money being siphoned off to schools that don't take in the more disabled students. Some classes do everything, from teaching, sports, life training skills, coping mechanism, etc all the way to bathroom duties and laundries for children that have accidents or physical problems. The teachers are paid well as they are able to handle physical, intellectual, emotional and traumatic brain injured kids.

In some areas, corruption and favoritism in disbursement of funds are stealing the funding to enforce the IDEA and PBSPs.

In some areas, the general public, elected officials and even school administrators and teachers suffer a lack of good education themselves. They have a punishment oriented mindset that does not work to reinforce good behavior.

Negative reinforcement such as was used here is the product of ignorance and it appears there are no progressive educated voices to advocate. Having lived in districts that flat out refused to serve these kids, others that stole the money or saw the disabled person's behavior as costly or criminal, but others that had progressive politics, admins and well-educated professionals, there is a huge difference.

The matter of this youngster's race is a big factor, but I suspect the entire district is corrupt and serves only those they choose. The difference in districts can literally save lives or destroy them. I wish this kid could get out of there, but that is also a problem, because they should be following federal law. Here is a quick source, others can be found that are better, but this one does have necessary links within the webpage:

http://www.parentcenterhub.org/repository/idea/

I warn any parent of a disabled child, that unfortunately some districts know these laws, but will never inform the unwitting parents who aren't part of a support network to clue them in about it. They should be forced to tell the parents their rights, but they don't. I've seen this and what has to happen is the parents get together. The school may attempt to make that harder by claiming confidentiality. A network is essential for parents to share information.

Lack of information causes grief and time wasted for the parent and child. By withholding this information on the laws, the school shortchanges the rights of the students with impunity. If a parent knows, they will fight to get their child services needed, but they must be prepared to go after the administration.

Is it any wonder the Koches and the GOP want to eliminate the Department of Education since it supports public schools where these laws can be invoked?

[YvonneCa]

3. Excellent post. Every parent should...

...read this. As a former teacher, I agree completely.

[freshwest]

4. As a parent, I cannot begin to tell you my gratitude for you and these teachers. n/t

EDIT: Added for parents. As one needs to speak the lingo to get through to some of those who are not forthcoming.

In different settings, the term Functional Assessment is CFA, with the word Comprehensive before the term. This entails testing that will get to the real situation regarding learning levels, weaknesses and strengths, the ability to follow instructions to have successful outcomes, and IMO, a liberal mindset.

And regarding my comment above on police on campus, where I saw the biggest improvement with those who had troubles complying or problems acting out, the key was empathy. In the case in the OP, there was little or none, or poor education of the school and police and no empathy.

At least the young man has an involved family, even though they may be stressed both by finances and the social isolation that bringing up a disabled child can lead to happening. For such parents, the school should be a lifetime and network of help, not a detention center. I've seen some of the best and the worst.

I wish the ACLU or some other group would investigate the rights of disabled children and the great disparity across the country. Most of it is from designed chaos through budget cuts. It's really a denial of the humanity of these children.

[YvonneCa]

5. Thank you! I am a parent...

...too, though my children are now grown. In a perfect world, we teachers and parents would successfully work together in the interests of all our children. That has always been my hope and my goal.

[freshwest]

6. Oh, I edited while you posted. And thanks again. This quote applies to us:

A mother's love for her child is like nothing else in this world. It knows no law, no pity. It dares all things and crushes down remorselessly all that stands in its path.

~ Agatha Christie

At times, one has to be shameless in the pursuit of protecting one's child. Because it's the right thing to do.

If anyone is trying to do the honest and right thing, then they are an ally who will be loved and respected. They are indeed life savers.

If not, if they see their income or career as of more value than these little ones, they will learn that not all are so venal, and will meet those who are just as fierce in defense of kids.

[YvonneCa]

7. I love what you wrote above about...

...empathy. I was lucky to work in a Title I school district where empathy toward students and their families' circumstances was routine. What happened to that sixth grader would never happen in my district because resources are used to protect children and teach them...not to cause them life long injury.

I taught sixth grade...

[LWolf]

13. EMPATHY

That nails it in one.

[eridani]

11. +1000 n/t

[LWolf]

12. +1

[Jefferson23]

8. Disgusting and insane to treat a child like this. SUE these bastards, please. n/t

[freshwest]

9. They should be sued enough to change their practices for good. Many suits aren't about money, but

changing the system itself for fear of punitive damages. Even if the conditions of settlement aren't fully disclosed to the public, the ignorant practices will end for all the disabled students.

I hope this case becomes 'high profile' enough that the state legislators take a good, hard look at what is going on. I'm sure it's illegal, no matter how dumb the policymakers are in the capitol or how ignorant those paid to implement policy at the school.

[Jefferson23]

10. Absolutely..it is what ultimately makes them change their stance..I would love to see

this case go viral. It has all the markings of the most egregious discrimination based
on race as well as the pure ignorance and contempt for people with autism...they
act as though they never heard of IDEA, either.

Totally agree with you.

[Systematic Chaos]

14. The moment I got wind of this in my Inbox via (I think) change.org...

...and found out there was a petition, I signed that thing with a civil but highly angry comment. I also passed the petition on and got at least four other signers.

I really hope the outcry from this costs some people their jobs. In this economy, that's tantamount to a death sentence, but there you go!

[Clayguy61]

15. Very sad

In Arizona we have private prisons I and I feel this is happening more and more. Feel so sad that this is happening all across the country to children of color. Any stories of this with white students? Maybe if very poor. I o not like having police on my school campus. Students forced to jail and not helped. Very sad

[Aliza]

16. This poor boy, I feel so angry about the way he was treated

This is disgusting, he would of been terrified. Why do these people have 0 understanding of these kids. I know it happens. I see it all the time, people don't get it, these kids see the world in a different way.
Some thought or emotion filtered through and he reacted, The guy that cuffed him should od been cuffed and prosecuted.