6-Year-Old Autistic Student Criminally Charged After Alleged Assault

WCPO.com ^ | September 23, 2007 | Lance Barry

[Graybeard58]

A six-year-old autistic boy has been charged criminally after an incident inside his school where he allegedly assaulted a teacher's aide.

It's a story you saw first on 9News.

The incident happened earlier this month at Taylor Elementary School in Brooksville, Ky., located in Bracken County.

He is in kindergarten at Taylor Elementary, but 9News was told that due to his autism and other conditions, his mental capacity is the equivalent to a child half his age.

But despite that condition and his age, it still hasn't stopped a school employee there from holding him accountable: criminally.

Whether it's playing outside with his parents, or coloring SpongeBob Squarepants pictures, Nathan Darnell isn't much different than other kids his age.

But two things that do make him different from many other six-year-olds is his autism – and his criminal rap sheet.

"We are not denying that he did what they are saying, but we are denying he is culpable," said Tony Darnell, Nathan's father.

It was just last week when Nathan's teacher's aide, Glenda Schiltz, filed a juvenile fourth degree misdemeanor assault charge against him.

"What human being with a heart would do that to a six-year old?, asked Cathy Darnell, Nathan's mother. "Seriously, who would do that? I know I wouldn't."

According to the affidavit which 9News obtained, Schiltz alleges that on September 5, Nathan grabbed her by the shirt, pulled her backwards and began punching and kicking her.

"He admits to shoving her down, but he says he didn't pull her backwards," said Tony Darnell.

"She is no small person, she can defend herself," said Cathy Darnell.

So what does the school have to say about the matter?

Superintendent of Bracken County Schools Tony Johnson would not appear on camera but did say in a statement, "I believe we followed proper procedures and I have full faith in my staff".

Despite being autistic, Nathan is integrated with all kindergartners at Taylor Elementary.

His parents believe Schiltz and other teachers there are ill-prepared to handle special needs students.

His mother openly questions Schiltz's credentials.

"[She believes] you need to take him behind the woodshed and teach him something," Cathy Darnell, said. "That is her mentality, beat it out of him."

"Most of the time it [Nathan's behavior] is whining and screaming. I am sure that is hard on teachers and stuff, but we find a way to deal with it," said Tony Darnell.

On Wednesday the family went to the county courthouse, where an inquiry was held and it was decided the criminal case against Nathan will indeed move forward.

It's likely then that Schiltz will have to be there.

But until they get a chance to tell her personally, Nathan's family, in the meantime, does have something they want to say to her.

"She is a cold-hearted woman, that she has made every teacher look bad," said Cathy Darnell.

Repeated attempts to contact Glenda Schiltz were unsuccessful.

9News also was in communication with several school board members and none wanted to comment on the matter.

This is all heading to a proceeding scheduled for next week in which six-year-old Nathan will appear in juvenile court as a defendant.

[VxH]

[Oh I see. You mean like....Mike Nifong?]

So you trust the wisdom of the Government to distribute social entitlements, but not its wisdom to administer criminal justice. That’s not very consistent.

[perseid 67]

If the majority of the people posting thought jumping off a bridge was all right I suppose you would agree with them.

Mainstreaming does work if the school is well disciplined. Mainstreaming does work with children who can walk ,talk, and be quiet. Only ten percent of Autistics need to be institutionalized. Fifty percent of them are mainstreamed by first grade and outside of being little too quiet ,they do not draw any attention toward themselves. The other forty percent of Autistics do well if they have parents who tutor them and the school allows them to attend classes with their peers.

High functioning Autistics do not fair well when they are dumped in classes where the other students are out of control. In those cases, the Autistics are likely to pick up bad behavior patterns. Most kids do not do well in classes where there is verbal and physical abuse. Unfortunately, most of the children who act like apes are not retarded.

Do not flatter the people who are posting garbage about Autistics. If truth be told ,some of them were themselves recalcitrant bullies who made life hard for their teachers and other students. If truth be told ,their little darlings are the big ,fat bullies whom you do not want kid to end up sitting beside in class. In case you have not noticed despicable bullies give birth to despicable bullies.

[Sue Perkick]

Hey, good comeback!

No really...

[toldyou]

“If the majority of the people posting thought jumping off a bridge was all right I suppose you would agree with them.”

Obviously, you have no idea what I was talking about in my post to another FReeper.

[DelphiUser]

Uh, I never posted anything about anyone giving anyone a black eye, so I don't know if you were hearing the voices in your head or what.

The article, this thread is based on is about an autistic child who acted out in school and is being charged criminally.

Since the thread is about Autistic children and their behavior in school, and you seem to be advocating your "Reproductive Resources" not be spent on my son, it is logical to assume you are saying my son might impact your son's education by acting out (tyhat is what the thread is about after all, not about finances and schools. are you saying it would be okay for my son to beat the crap out of your kid as long as it did not affect his grades (I don't think so) so we are indeed talking about the behavior of autistic children in public schools.

What I DID say (and you agreed in your post 148) is that a nonverbal low functioning autistic child who can't speak, doesn't understand English, and doesn't recognize an individual as a person should not be 'mainstreamed' into a regular public school class.

Yep, they need to gain skills and move themselves up the scale (something that has not been addressed here is that a child can move up the scale.) and once they have moved up the scale far enough, can and should be main streamed into a regular class as far as possible. I did and do agree that while an autistic child is nonverbal, uncontrollably violent, or unable to meet minimum standards for that age group they should not be main streamed.

This assessment of whether or not the child is ready is part of an IEP, and should be part of the plan for every autistic child that reaches an acceptable level of progress. (Those adults who are supposed to be in charge again)

You seem to be advocating the write-off of other peoples children in the name of not robbing yours of the best the system has to offer, all while insisting the parents of the written off child are forced to pay taxes to support you own Average, lackluster child just because your child is "normal" or average.

Offense is in the eye of the beholder and was not intended. I believe I have spoken the truth and for that I will not apologize.

Boy, i just continue to hit those bulls eyes with my algorithm, don't I. You know Human behavior is not that hard to predict, I have actually had several "Set Downs" with some autistic children, and explained some of my methods to them, they improved markedly in their interacting skills. Maybe someday I'll write it all out and publish a book.

I Said: keep away from my son he needs exposure to normal people and you are not one of them.

If that's what you are after, he obviously needs a different parent, because you aren't doing too well on the 'normal' scale yourself.

Actually, God gave him to me, not you, so apprently he thought I was the right man for the job, when you can compete with that endorsement, let me know...

[DelphiUser]

Fine with me but I am resigned to the reality that, like my parents who sacrificed to pay private school tuition, I will have to pay taxes for public skools my children will not be attending.

I've supported vouchers for years but few are willing to support that compromise.

Vouchers are a step int eh right direction, but why do I have to give my money to the Government and then jump through hoops to get it back? Why not just keep my money and fire all the government stooges taking a piece of my mnoney before I can get it back. Ah yes, let's go back to the Tribal city-state. Tell me, how would you defend against the Chinese in this post tower-of-Babel society?

Do you over react like this on everything? If so, you are on the wrong forum, Try over Here

I spoke of abolishing the Federal School system, which was not started until the fifties, what did we do before then? (We used to lead the world in education, now?)

[DelphiUser]

Nothing here but the sound of applause.

Thanks for your support.

[DelphiUser]

Yes, some at the mandated expense of others. That's S O C I A L I S M.

Yet you prefer a modified form of socialism to abolishing it completely calling getting the federal government out of our schools returning to "the Tribal city-state" You are all over the place here, can you in three sentences or less state your point?

I can, Autistic children can and should be mainstreamed. Adults are responsible for the actions of those placed in their charge. Autistic children can and should have all the intervention they need to become as productive in society as they want to be. There, three points in three sentences, what is your point on this thread.

[DelphiUser]

Late, complement, but that was well said, yesterday family stuff... You understand, I got pulled off of FR.

[Tired of Taxes]

I seriously doubt that the idea behind mainstreaming these children has anything to do with teaching them at all. More like publicly-sponsored daycare for the parents’ benefit.

Well, my viewpoint may be different because I'm a homeschool parent, so I see the entire public school system as government-sponsored daycare for the benefit of parents.

However, I agree that a disruptive child should not be in a class with children who aren't disruptive. He should be in a separate program. It's the criminal charges against a six year old autistic child that are over-the-top.

I’ve been out of school for a long, long time, but I still remember the disruption caused by these “developmentally challenged” children.

I've been out of school a long, long, long time, too. (Ahem. Feels like three lifetimes ago.) But I remember many of the so-called normal kids being far more disruptive than the developmentally challenged kids, with the so-called normal kids pushing the developmentally challenged kids around. Every kid is different.

In any case, the teacher should be demanding this child be put into a separate program. The school should be telling the parents that their child cannot be in a class with other children and that he must be moved to a different program. I can see filing charges against an older child, but not a six year old. Imagine this six year old autistic boy having to take the witness stand to defend his own actions. I just find it to be silly to take it that far.

[DelphiUser]

Good for you maybe. I don’t see how it’s beneficial for those of us whose children don’t have special needs.

Maybe you should consider that they are learning humanity and compassion on others, I find my self wondering if you ever had such a lesson.

[VxH]

[Boy, i just continue to hit those bulls eyes with my algorithm, don’t I. ]

Yeah, but it's the bulls eye on somebody elses target, three lanes down the range. Having a little trouble focusing?

[DelphiUser]

OK, you know much more than we do about autism.

Thanks, I have invested much time learning what I know and there is still much to learn.

I will, however, disagree with you on a few things.

you have the right to be wrong in this country (It's a joke people!)

You seem to think that the whole thing should be set up for your child. There are other children, and their safety, learning and needs must be considered. The world does not have to bend for your son.

I have spent large amounts of time and equally large amounts of money on my son. I did not ask for anyone to pay for me, however, it would have been nice to have the taxes I pay not be for a school He couldn't use.

This is a conservative forum, Conservatives generally are for smaller government. I am opposed tot he very Liberal arm of the government known as public education. I think I should be abolished and that we should return to a saner, more responsive community controlled schooling system.

IMHO the 60 year experiment in federal schooling has been a failure, as supporting evidence, I can point to the numbers of people home schooling and private schooling their kids in spite of the "Contribution" they are forced to make to public schools. So If you think I am up in the night either I am mistaken about the nature of Conservatives and this site, or you are.

Also, if your son learns from violent cartoons, take them away. If your son can learn behavior from watching tv, he can learn his good behavior this way.

Else where in this thread, I have pointed out that we have not had cable or Dish, etc. since he was diagnosed, but that 100% isolation from the world is not good for him either.

I expect you to love your child. I love mine. I don’t, however, expect the world to move over for their special needs.

I understand your sentiment, and I agree with most of it. I do not expect the world to "Move over for my son" I expect to have to move it myself. I will do my best to move heaven and earth to make my son's life better and I expect no less from any other parent. That said, I will not "Run over" anyone else's rights to do that.

Thanks for the post, I enjoyed it.

[DelphiUser]

Maybe someone who is tired of being physically attacked by an undisciplined brat? Maybe, Ms. Darnell, if you hadn't excused every bratty action by your spawn this would not have happened.

And I suppose people who suffer from turrets syndrome are just loud mouthed uncouth people who should hold their tongues.

Sheesh!

On, the other hand. Let's suppose that the kid cannot be trained not to attack other people.

He can, the person who was "attacked" was supposed to be a trainer, she failed in HER job.

Let's suppose that his autism makes him untrainable.

Why should we assume that which is provably false?

If that is the case he should be caged for life and fed through the bars, not inflicted on the public for he is an animal, not a human.

The same could be said / done to you if we forget reality and assume things that are provably false, but then you never expected your logic to place you on the "Wrong side of the bars".

[DelphiUser]

That doesn't make it right when mainstreaming a “special” child prevents the un-special students from reaching their potential.

You keep saying this, Prove where my son participatign in your son's Gym class and having recess with him makes your child learn less.

We are waiting...

Just for those reading for information, Gym and Recess are the first mainstream periods for Autistic children because they need to learn social skills sitting in History class at a desk does them no good and they would be disruptive if it was their first class with normal kids because they would not have the social skills to be quiet, they have to learn that from kids in gym and at recess first, then, if they are academically up to it, they get put in a class with an aide sitting next to them at first so they do not slow down the class.

[VxH]

[”the Tribal city-state”]

Deseret is still part of the United States, whether you like it or not.

The purpose of the educational system is to pass on a common base of knowledge which enables this Republic to communicate and function. Mainstreaming individuals such as the one in this thread’s subject article is deleterious to the educational system’s ability to serve that purpose.

[DelphiUser]

<Snip>only that the child had a facilitator (which is not unusual even for relatively mild disabilities now, because of the threat of lawsuits).

If a 6 year-old is incapable of grasping the concept of not assaulting someone, then they have no business in the "regular" classroom.

I this case, it is the facilitator who was both assulted, and is filing the suit. She is incompetent. She is the problem, not the child.

[DelphiUser]

Assume that I am a nonverbal low functioning autistic child, I can't speak, can't understand english, and don't recognize you as a person.
A child in that position has ZERO business in a regular classroom, or even a standard public school.

And did the article describe the child in question as such?

No, I was responding to a My child knows better than to ... post.

I was pointing out the difficulty in teaching Autistic children which is why a Competent Adult is responsible for what happened, not the child. He's six for crying out loud! He is not the one who decides if he's ready for main streaming, he is not the one who decides what interventions will be taken, he is not he one who assigned an incompetent TA to watch over him.

Let's cover some basics.

1. The TA should have been trained on the type of child she was assigned to assist, if not, it's not the kids fault she was not trained.
2. The TA might have violated her training and not been paying attention to the very visible signs that an autistic child was about to act out. It's not his fault she was incompetent at her JOB.
3. The child might not have been ready to be main streamed, it was not his decision, it's not his fault.

are you seeing a pattern here? There are people who are not allowed knives because they are a danger to themselves and others. If i give them a knife and let them attack you, it's my fault, if I give them the knife and they attack me, it's not their fault it is mine for I gave them the knife.

Some on this forum will want to deny every one a knife and have us all use our hands to eat because cutlery is "Dangerous" Some will blame the person with the knife.

What I am saying is that someone (besides the child) messed up here, Autistic children can be taught how to behave in public. Part of that training comes from being in public with someone trained to help them, in this case, either an adult messed up in his/her assessment of his progress, and or the aide messed up and didn't recognized signs of an impending outbreak.

It cannot be an incompetent person's fault for they are by definition not competent!

[DelphiUser]

[They kick violent kids out of school all the time. Why should this kid be any different?]

Exactly, he shoudn’t. Put him in juvenile detention with the other individuals who can’t distinguish right and wrong.

Apparently they should be putting you in such a detention cell for your posts demonstrate that you cannot distinguish right and wrong either.

[MamaT]

...couldn’t walk in our shoes for an hour.
___________________________________________

My parents adopted a special needs child. “Experts” came out of the woodwork at family holidays, my high school sporting events, church, etc. for years. Only one friend was honest saying, “I wouldn’t allow him in my home.”

I honestly don’t know how they’ve walked in their shoes. It can be very isolating.