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17 yr old autistic stands up for his rights

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nvfireman

Junior Member
What is the name of your state? Nevada
My 17 year old student has Asperger's syndrome- a form of Autism. He has a very high IQ and is highly functioning but failing school or rather school is failing him. We have had numerous problems with our school district and they are taking their frustrations with us (parents) out on him. He had his skateboard confiscated by the Principal without explanation ( he was not riding it, someone had taken it without his permission.) He followed the principal into the school office asking for an explanation and wanting to know why they were taking it from him as he had done nothing wrong. The principal slammed him up against the large safe door. My son told the principal to let go of him and told the office worker that he had just been battered by the principal. He asked to file a battery report and asked for help in getting the right forms etc. He was refused help by at least 6 different district personnel including the campus cop. He was told to just go back to class. He refused until he could file the report. He was never able to file the report however he was arrested for disturbing the peace of the front office. At his "trial" his public defender was useless. Any information about his Asperger's which totally explains his actions was not allowed in the case by the district attorney and magistrate. He was found guilty and given 64 hours of community service and probation till he ws 21. We are appealling but according to his Public Defender nothing but what is allowed into the original record can be looked at by the judge. His PD failed to supoena 6 witnesses for us and we had a plethora of info that should have been looked at before his trial. We tried for 4 months to get a meeting with the PD before his trial but he was "too busy". He finally met with my son 10 minutes before his trial. This guy is a moron but we couldn't afford an attorney. What can we do?
 


JustAPal00

Senior Member
My son has aspergers also. That is no excuse for misbehaving. Remember that you are only hearing one side of the story as far as how the big bad principal roughed up your little boy. You need to teach your son the social skills that he is lacking due to his disability. You’re fortunate to have a high functioning “aspergers” child, my son is very well behaved, but works his butt off to get B’s in school. It breaks my heart, but he hasn’t had a friend at school in three years, not one. The use of the term "autistic" in your subject line is a little disingenuous. Attention deficit disorder falls under the autism spectrum also, but the fact that I’m ADD would hardly be an excuse for me misbehaving. Try living with an eight year old who can’t speak, isn’t potty trained, smears feces on the wall, eats from the floor and garbage, and scratches and bites when he gets upset. Then you can use the word “Autistic”!
 

quincy

Senior Member
Doesn't your school have a special education program, and isn't your son's progress in school followed by a special needs teacher? I would think that this teacher could have been an advocate for your son right from the beginning, had she/he been called at the time of the skateboard incident.

There is no excuse for violence against a child, although I know that some Autistic children do not like having their space invaded and can get violent themselves. I have never run into that with Asperger's kids, however - just the opposite. The ones I've known tend to invade the space of others - unaware that this makes others uncomfortable. Anyway, what the Principal did was wrong and arresting your son seems like an extreme action. But, of course, I am aware that neither I nor you know exactly what happened in the Principal's office and perhaps the arrest was the only way the school felt they could handle the situation.

I think if you think the justice system failed you, your appeal is wise. If you are serious about having your appeal go differently than your last trip to court, however, I think you will need to invest in getting an attorney who will spend the time and make the effort to get all the facts before the court. It could very well be that, had the Principal been knowledgeable about Asperger's, the problem could have been resolved in school and without outside intervention, and your son would not be facing community service and probation (which, on the whole, is not a horrible punishment - although I know you think there should be none).

But, again, a good attorney is what is needed. If you cannot afford one, and the Public Defender is inadequate, you will probably be disappointed with the appeal.
 

Just Blue

Senior Member
My son has aspergers also. That is no excuse for misbehaving. Remember that you are only hearing one side of the story as far as how the big bad principal roughed up your little boy. You need to teach your son the social skills that he is lacking due to his disability. You’re fortunate to have a high functioning “aspergers” child, my son is very well behaved, but works his butt off to get B’s in school. It breaks my heart, but he hasn’t had a friend at school in three years, not one. The use of the term "autistic" in your subject line is a little disingenuous. Attention deficit disorder falls under the autism spectrum also, but the fact that I’m ADD would hardly be an excuse for me misbehaving. Try living with an eight year old who can’t speak, isn’t potty trained, smears feces on the wall, eats from the floor and garbage, and scratches and bites when he gets upset. Then you can use the word “Autistic”!
In all fairness to the OP, there are many professionals that consider Aspergers to be a high functioning form of Autism...There are lots of truly Autistic children that are high functioning ...no smearing poop on the walls...;)
 

JustAPal00

Senior Member
In all fairness to the OP, there are many professionals that consider Aspergers to be a high functioning form of Autism...There are lots of truly Autistic children that are high functioning ...no smearing poop on the walls...;)
Believe me I'm well aware of the fact that aspergers is in the autism spectrum, so is ADD. That is why they are known as ASD's(autism spectrum disorders)and not true autism. I just feel that the OP is being a little disingenuous by using that term. Just like I would be if I said i was a cancer survivor because I had a basal cell removed from my cheek!
 

Just Blue

Senior Member
Believe me I'm well aware of the fact that aspergers is in the autism spectrum, so is ADD. That is why they are known as ASD's(autism spectrum disorders)and not true autism. I just feel that the OP is being a little disingenuous by using that term. Just like I would be if I said i was a cancer survivor because I had a basal cell removed from my cheek!
Nope...That's not what I was saying...Some pro's feel Aspergers IS high functioning autism...My DD has PDD (also ASD)..So I have done a bit of research on the matter...as I'm sure you have.
 

JustAPal00

Senior Member
There is a specifis diagnosis of "Autism". My nephew had this diagnosis at the age of 30 months. After 4 years of INTENSE 50+ hours a week of therapy he is considered recovered from autism and now has a diagnosis of PDD. My sons diagnosis went fron ADD, to Mild Autism, to Aspergers. My girlfriends son is the child I described above, he is "autistic". They are all in the spectrum, and are considered part of the same family, but are not all autism. But none of this matters to the point of the OP. He needs to teach his son to behave within his disability, and quit using it as an excuse.
 

Just Blue

Senior Member
There is a specifis diagnosis of "Autism". My nephew had this diagnosis at the age of 30 months. After 4 years of INTENSE 50+ hours a week of therapy he is considered recovered from autism and now has a diagnosis of PDD. My sons diagnosis went fron ADD, to Mild Autism, to Aspergers. My girlfriends son is the child I described above, he is "autistic". They are all in the spectrum, and are considered part of the same family, but are not all autism. But none of this matters to the point of the OP. He needs to teach his son to behave within his disability, and quit using it as an excuse.
I totally agree with you on all points!! The only reason I brought it up in the first place is that OP MAY have been told by her son's Doctor that aspergers was mild autism, hence her reason's for titling her thread the way she did.

We are fortunate to have had our children Dx'ed so early so that the "behavioral training" started young...if OP's son wasn't dx'ed until he was older she has a hard road ahead.
 

JustAPal00

Senior Member
Early diagnosis and intervention is the key! Unfortunately for my GF it didn't help her. Her son was diagnosed at just over 2 years and started intervention immediately. She sought out the best specialists from around the country and went broke paying for them. He can't even say ma ma. He seems happy most of the time though, but when he's bad he's so bad! My brothers son on the other hand is the poster child of recovery. He didn't speak a word or look at you until he was around 3, now he won't shut up!
 

Just Blue

Senior Member
Early diagnosis and intervention is the key! Unfortunately for my GF it didn't help her. Her son was diagnosed at just over 2 years and started intervention immediately. She sought out the best specialists from around the country and went broke paying for them. He can't even say ma ma. He seems happy most of the time though, but when he's bad he's so bad! My brothers son on the other hand is the poster child of recovery. He didn't speak a word or look at you until he was around 3, now he won't shut up!
My DD was dx'ed at 3 ...She was only speaking 20 or so words and was having EXPLOSIVE tantrums!! I thought I would go crazy!! I am lucky to live in a state with the best Doctors in the country!! She has a eval with a IEP...within a year she is speaking with a slight impediment, but is improving everyday...she actually has wonderful vocabulary /grammar! Her behavior is excellent! Top of her class in school and interacts wonderfully with others. She does have a little problem playing in groups of 4 or more...but we are working on it!! She was always a cuddly child with good eye contact. Her pedi has stated she never saw an improvement in a child so quickly and to such a degree as my DD....
PM me if you want to chat...we are kind of hijacking the OP's thread...Sorry OP!!
 

Ozark_Sophist

Senior Member
As a news reporter for state and legislative news in our state, I covered a visit to the capital by supporters of an state funded autism program in the state of Missouri. A large group of parents and their autistic children visited the governor's office to sign the guest book.

The children began picking stuff off the secretary's desk to look at. A second secretary came out of the office restroom--the door to which was paneled the same way as the walls so one could hardly tell there was a door. A ten-year-old autistic child was fascinated by the door and opened it.

About 30 seconds later, the police arrived and muscled everyone out of the office. For a second, I thought one officer was going to start indiscriminately pepper spraying everyone.
 

nvfireman

Junior Member
you don't have all the facts

In response to your replies discussing whether my 17 year old is "autistic" or not, he is. He has several other diagnosis besides just Aspergers. ADD, ADHD, OCD's to name a few. He is exceptionally well behaved and very polite. He also has Marfan's Syndrome - The disease that if hit with a sudden blow, even a light one, could dislodge his aorta and kill him. I hope your children never have to deal with this.
As far as his misbehaving at the school goes it didn't. He had 6 witnesses to attest to his behavior. Also a little history: The Principal, a big man, physically battered my wife in his office leaving bruises on her arm last year. My son was in the room when this happened. He had went to principal to report being kicked in the testicles by a girl for walking through the hall at the wrong time while she was "busy" exposing herself to another student. I guess he saw too much. The principal blew it off and when my wife went to the principal the next day to find out why nothing was done he grabbed her and shoved her up against his office wall bruising her arm. We have pictures, a doctors' statement and I am an EMT and know what bruises look like.
After his incident we finally got an IEP from the district and now home school him and the principal was forced by the district to retire early. He had to redo his entire last year of school in his home school program and his lowest score was 95 percent. During this same time he has learned to play the guitar, mandolin, banjo, harmonica, accordian, and violin. However he only plays Irish songs.
I guess the point I am trying to make here is that he is a good kid that has been abused by the school district for years. We have beat our heads against the wall trying to get any justice but they are very protective of their own. We have went to the local police including my wife's battery but being a small town the DA said it was our word against theirs. Besides he has dinner with the principal at each others houses and he is sure that he would never do such a thing. The campus cop used to be on the local police force. When he was 24 he would brag that he was dating a 16 year old girl. Now he works at the HIGH SCHOOL where there are lots of 16 year old girls.
When the incident of the confiscated skateboard happened our son called us on the cell phone. We were returning home from my wife having a hysterectomy. She was just released and still loaded with pain meds. She could not get out of the car without help. We went straight to the school to get my son and his skateboard. The campus cop met us in the parking lot and threatened us that if we got out of our car he would arrest us. We hadn't even said one word!! He continued to verbally abuse us trying to get us to say something he could arrest us for. We called 911 and asked for a Sheriff,s officer to meet us to "keep the peace" so we could get our son. He called them back and cancelled the call claiming he had it "under control" and it was his juridiction. We filed a complaint with the school district for his actions. He "investigated" himself and found no merit to our complaint. Gee, imagine that! This just scratches the surface of the nonsense we have delt with in this school district and we are not the only ones. The School board is totally useless to deal with and the superintendent makes Hitler look like a nice guy.
We still would like to know how to get his diagnosis into his appeal. Would appreciate any real help. Thanks, NvFireman
 

quincy

Senior Member
Ultimately, I think that if you are going to handle all of the issues with the school district that you have, and win on your appeal for your son, you will need to hire a good attorney, preferably one who is knowledgeable about Autism and Asperger's. This attorney can file a petition with the court to introduce any new evidence you may have at the appeal.

Public Defenders are often excellent lawyers who are merely overwhelmed by the number of cases they must handle, and they cannot always devote as much time and energy to each individual case as they would like.
 

JustAPal00

Senior Member
I still don't thik I have all the facts!

After reading your post, I really don't think I have all the facts. If what you say is ALL TRUE, my advice to you is to pack up and leave town! It sounds like the whole town is out to get you! I just don't see how you can win against such insurmountable odds! He should have had an IEP all along. Why did it take until he was 17?
 
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stealth2

Under the Radar Member
I'm obviously missing something - if your son is HSd, why was he at the school? And if the principal was forced to retire early, why was HE at the school, why does he had an office there, and why was your son complaining to him?
 

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