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6-Year-Old Autistic Student Criminally Charged After Alleged Assault
WCPO.com ^ | September 23, 2007 | Lance Barry

Posted on 09/23/2007 7:43:27 PM PDT by 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.


TOPICS: Culture/Society; Extended News; US: Kentucky
KEYWORDS: assault; autism; criminal; dangerous; education; glendaschiltz; publicschools; schools; specialkids; specialneeds; specialparents; teacher; teachers; theydonowrong; violent; wearespecial
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To: FormerACLUmember

I agree but many states have done away with any kind of mental institutions same things with jails and prisons. These people will more than likely end up on the streets causing more harm to innocent people.


61 posted on 09/23/2007 9:56:29 PM PDT by lndrvr1972
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To: vaudine
Only suppose for a moment Ms. Schlitz HAD defended herself--voila! Criminal charges against her for touching, rerstraining, or whatever, a six year old.

In a mainstream classroom only. But in a true special-needs classroom, there is an understanding about the needs of maintaining order and discipline. Even with those kids.

62 posted on 09/23/2007 10:01:22 PM PDT by Ramius (Personally, I give us... one chance in three. More tea?)
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To: lndrvr1972
I agree but many states have done away with any kind of mental institutions same things with jails and prisons. These people will more than likely end up on the streets causing more harm to innocent people.

Absolutely true.

The two largest psychiatric institutions in the US (based upon schizophrenia and bipolar populations) are the LA County Jail and NY City's Rikers Island Prison.

63 posted on 09/23/2007 10:06:06 PM PDT by FormerACLUmember (The ideal tyranny is that which is ignorantly self-administered by its victims.)
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To: lndrvr1972
These people will more than likely end up on the streets causing more harm to innocent people.

Highly unlikely. Criminal actions by mentally retarded or severely autistic persons are statistically insignificant.

64 posted on 09/23/2007 10:06:47 PM PDT by Ramius (Personally, I give us... one chance in three. More tea?)
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To: FormerACLUmember
How about medicating your little angel? How abot NOT demanding that your precious be imposed on mainstream classes?

As the Father of an autistic Child, I feel it incumbant upon me to say "You have no idea what you are taking about."

If they are ever going to deal with reality, medication is not the answer.
65 posted on 09/23/2007 10:10:24 PM PDT by DelphiUser ("You can lead a man to knowledge, but you can't make him think")
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To: FormerACLUmember; lndrvr1972

You guys are confusing retardation with insanity. They’re not the same thing. Not even close.


66 posted on 09/23/2007 10:10:29 PM PDT by Ramius (Personally, I give us... one chance in three. More tea?)
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To: Ramius
Nonsense. This "teacher" should not be in charge of autistic kids. She's not competent with them. Simple as that.

Right, the child belongs some place else, where people are trained to deal with him and his needs.

67 posted on 09/23/2007 10:21:57 PM PDT by Netizen (If we can't locate/deport illegals, how will we get them to come forward to pay their $3,250 fines?)
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To: DelphiUser
If they are ever going to deal with reality, medication is not the answer.

Quite.

68 posted on 09/23/2007 10:26:21 PM PDT by Ramius (Personally, I give us... one chance in three. More tea?)
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To: Ramius

Excellent post. It also isn’t fair to the other students who are having their learning disrupted all the time by the special needs student.


69 posted on 09/23/2007 10:29:17 PM PDT by Netizen (If we can't locate/deport illegals, how will we get them to come forward to pay their $3,250 fines?)
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To: Ramius

I think you have misrepresented what I said. I did not say it was good for him to go through the system. I said it was the only system for him to go through. Only with the threat of the law hanging over people will anything get done today. It is not set up to work any other way. I’m sorry but unfortunately that is the way things are.

It is however fortunate for both the parents and the school system that it happened before this child seriously injured another student. Although it may be wishful thinking, perhaps now a wise judge will see that the child is placed in a setting where he can get the specialized attention that he needs.

It may not be right but without the courts getting involved, he would never have been moved out of the normal classroom.


70 posted on 09/23/2007 10:48:38 PM PDT by Waryone (Constantly amazed by society's downhill slide.)
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To: Ramius

I agree with you the child should never have been mainstreamed.

I have one problem with your statement — it was a teacher’s aide not a teacher, and fortunately, it was one of the other students.


71 posted on 09/23/2007 10:54:09 PM PDT by Waryone (Constantly amazed by society's downhill slide.)
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To: Waryone; TheBattman; FormerACLUmember; bannie; srmorton; Ron in Acreage; DouglasKC; toldyou; ...
WRONG! 6 year-old children know it is wrong to assault someone (heck, even my 3 year-old is starting to figure that out). This child will not end up in the penal system for this offense, but just maybe the child will be placed in a more suitable environment. Of course, if the parents do not teach the child that assault is wrong....

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.

Go, teach, come on
Teach me about violence.
Teach me what qualifies as violence.
Teach me about right and wrong
Teach me about time and how it is linear and that I can't go back and do something wrong over and get it right.
Teach me that Violence is wrong and that I have to get my estimates right the first time because I can't go back and fix it later.

Good luck, you'll need it.

You have no idea what you are talking about, I have an autistic son, I have spent tons of money getting him help, it's an uphill battle against TV and cartoons (which he loves) teach that anger and violence are an acceptable response to any social situation.

You guys who get on here and pontificate with little knowledge are dangerous because people might actually listen to you.

The only way for an autistic child to learn "Normal" behavior is to observe it by being included in a class with "Normal" children, My son spent years learning social skills, goes to a class every week where they tech things like taking turns, how to play games with "Normal" children. He had to obtain a certain level of behavior an knowledge before being included in a main streaming program.

If it was an aide who was trained to work with autistic children, she should have known not to turn her back on him when he is stressed. Autistic children do not just go boom with no warning if he was getting over stimulated there are signals. Hand flapping, humming, loud nonsense noises, jumping up and down, running in circles, running into walls repeatedly are common behaviors, of an autistic child who is losing it. These symptoms are not subtle. Any competent person who has had a two day course on working with an autistic child would know when one is getting ready to "Pop" and should be trained to deal with them before they do. (Take them some where with less stimulation)

You guys assume the worst of the parents with no evidence. I know lots of parents of autistic children, they all sacrifice huge to help their kids go as far as they can. The parents who are not willing to take on such a daunting task just give their kids to the state, and pretend they never had "Johnny".

KantianBurke: Big mistake. Retards and nutcases do NOT belong with normal kids.

So, are you 100% Average? Do you know anyone who is completely normal? do you belong with normal people?

Waryone: I don’t believe the teacher’s aide was in charge of autistic children. She was just helping with normal children. The autistic child was main streamed in with the normal ones. I agree that the autistic child should not have been placed with the normal children. He should have been placed where there are people trained to handle his situation.

A main streaming classroom is such a place. the training doesn't take that long, I know I have both taken and given such training.

Waryone: Although I agree it is a shame the child has to go through the penal system, it seems as though the only effective way for any thing of benefit to occur today is to go through the justice system. It may not be right, but it is the way the system is set up to work today.

I can guarantee you that this will not help anyone involved in this case.

Ramius: you get the gold star for this thread.

For the record, My son is 11, when he was 4 started with a speech therapist, and a special preschool for autistic children, then went to a special private school for autistic children. He has been at a special public school with autistic classes and normal classes, he has to earn the right to have GYM and recess with normal kids. He works hard and is now one of the top kids in his grade. He may never be in the "Normal" class, but all the kids there know him and most like him, he works hard at that too.

Those of you with the intolerant attitudes here, examine your hearts, is this what God would have you do, have you say Say, have you be?

I hope and pray that you never have to learn the way I am learning about autism. Unfortunately, the odds are that someone you know will have autism and you will regret your words here as you learn.
72 posted on 09/23/2007 11:15:55 PM PDT by DelphiUser ("You can lead a man to knowledge, but you can't make him think")
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To: DelphiUser

Yours is a difficult road. But as you must by now know... there are rewards along that road too.


73 posted on 09/23/2007 11:23:25 PM PDT by Ramius (Personally, I give us... one chance in three. More tea?)
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To: Ramius
Yours is a difficult road. But as you must by now know... there are rewards along that road too.

Thanks, I appreaciate it.
74 posted on 09/23/2007 11:32:49 PM PDT by DelphiUser ("You can lead a man to knowledge, but you can't make him think")
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To: mazza

This is one of the FR all time funnies threads...

1. Even in Kentucky [or in Mike Nifong’s NC] teachers aids don’t get to FILE CHARGES. She swore out a complaint. She is an idiot. The cop that wasted his time taking the complaint is an idiot for not just cutting her off and throwing away her complaint when he realized she was talking about a six year old.

2. Yes six year olds get frustrated and hit people from time to time. They hit authority figures less, but then a teachers aid is not the teacher.

3. And as someone said above, if you can not handle a six year old without swearing out a complaint to the police, you need to try to do something else with your pathetic life.

4. And no you can not beat autism out of someone. Gee, did you guys just get transported here from the 13th century?


75 posted on 09/23/2007 11:37:27 PM PDT by JLS
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To: Ron in Acreage
She probably had to have him charged criminally as a last resort to have him removed from her class.

I tend to agree.
Most public schools place so many restrictions upon teachers that even self-defense is considered grounds for dismissal, and a mark on your employment record that can ruin your career as an educator.

I personally know an EX-teacher that quit the profession for this very reason.

76 posted on 09/23/2007 11:54:25 PM PDT by Drammach (Freedom - It's not just a job, It's an Adventure)
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To: DelphiUser

My best friend has a child who suffers from Asperger’s syndrome. He is only slightly autistic. Before he was ever diagnosed, I had him in a group of other boys his age. He was not violent but there was no way he would ever learn anything from the other children. He sat tucked up and would not speak or react to anyone, not even me, and he had known me and my son for eight years. Before this day, he had never behaved in any way that seemed out of place. But then he was not a violent one.

If there is training for teachers and their aides, they need to be provided with it. It does not matter what the child’s situation is, no other student should be subjected to a child who exhibits violent behavior. It may be wonderful for the single child with the problem to be among normal children, but it is not right for a normal child on the receiving end of a violent child’s behavior.

There is one thing I know about autistics, they are not all the same, they don’t react the same and they should not all be treated the same. I don’t believe that all autistic children should be held apart from others, just those who deal with people violently.

Some slightly autistic children can be mainstreamed with little trouble. With guidance, some others may be able to be mainstreamed. But none who are violent should be mainstreamed. It is not fair to the other children. If they can be taught non violent ways of expression then they may be mainstreamed.

You say your child likes watching cartoons. Perhaps someone can develop a program utilizing television, maybe even using cartoons, that show them the proper way to behave. Once they learn that, then perhaps the violent ones can be slowly mainstreamed into a class of normal children.

This blanket ‘all should be accepted’ into a normal class or ‘all should be rejected’ is not right or helpful. Each child should be evaluated on an individual basis. This particular child has shown that he has difficulty in a regular classroom. Whether the teacher’s aide needed to be trained, or the child was not ready to be mainstreamed, now is for the court to say. If more attention was paid to these children as individuals fewer people would have to go through these unfortunate situations.

I know it must be difficult for you. Though autism has been around for some time, the number of children to have autism has exploded of late. The systems have not yet developed to handle all of these autistic individuals. Whether it be doctors, medical insurance, or the school system, there just does not seem to be any easy answers for families who have to deal with autism. I have seen my dear friend struggle with this as her son was not diagnosed until he was almost eighteen. I pray for her and her family regularly. I will be praying for you as well.


77 posted on 09/24/2007 12:11:14 AM PDT by Waryone (Constantly amazed by society's downhill slide.)
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To: Steamburg
...the whole concept of trying to use the penal system to deal with a child fails to solve the problem and harms the system.

The "concept" that's wrong in this case is that of integrating special needs kids with mainstream students.

Educators are at the point where they feel they have no recourse and must begin using the courts to focus attention on this serious problem.

Other parents should be alarmed as well. Not only are their kids subject to these outbursts/assaults but the quality of education is diminished.

78 posted on 09/24/2007 12:14:27 AM PDT by O6ret
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To: toldyou
“This is the result of the ridiculous, politically correct policy of “mainstreaming” special needs children into regular classrooms.” You are absolutely right! For the sake of one child, 20 other students in a class suffer. And the schools have to accept these children because the parents want a “normal/average” atmosphere for their special needs child. ---------------------------------------------------------- You beat me to it... and I see this first hand every week. I teach here in Japan and know for a fact that all it takes to destroy a whole classroom of 40 students is 1 problem kid. I have 1 class that has 7 of them in the same class (and they are not autistic)! The other kids are really interested in the studies.... but they ruin it every week. And here in Japan, there is NO punishment whatsoever toward problem students. As a matter of fact, there is no failure in school here until they reach high school!!! So, in return, they don't even have to study if they aren't interested >.< MJ (Sorry, got a little off topic there :/ )
79 posted on 09/24/2007 12:27:38 AM PDT by MrJapan
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To: O6ret
I’ll have to admit that, as a parent, my first thought was ‘why did she just give him a good swat across the backside to get his attention’? But after considering the screwed up legal ramifications of such a logical response, I have to conclude that she probably did exactly what she could do in our current litigious society.

My owned daughter worked in day care and was actually very good at dealing with kids like this. She seems to have a talent for it, but a talent that is shared by few people. The day care center had policies that set behavioral boundries for such kids and would expel them when they crossed the line the third time.

80 posted on 09/24/2007 12:42:35 AM PDT by Vigilanteman (Are there any men left in Washington? Or are there only cowards? Ahmad Shah Massoud)
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