Texas mother expresses concern after son with Asperger's is fined $364 for cursing

From The Dallas Morning News:

Thomas Hayman, 14, used an expletive in his classroom – the "F-word" – and got a $364 police citation for it. Police and school officials say that's to be expected in an environment where there is little tolerance for disorderly conduct.

But the boy's mother, Camber Hayman, says she's more concerned that police officers who deal with students do not have training needed to deal with special-needs children like her son, who has Asperger's syndrome.

Thomas, who attends Westwood Junior High School in the Richardson school district, has an autism disorder that sometimes keeps him and others with Asperger's from understanding what social behavior is appropriate.

Hayman said she believes that the police officer called to deal with Thomas may not have been properly trained.

If the police officer had taken Thomas by the arm, for instance, and the boy had pulled away – a fairly common response by those with Asperger's – it could have been viewed as resistance. "He could have been on the news for being thrown against the wall," she said.

Officials with the Dallas Police Department, who issued the citation, contest that view, saying all officers receive sensitivity training and training to deal with those who may have mental problems.

The ticket was issued May 29, at the end of last school year. The case is scheduled for court in December, and Hayman said she plans to fight the Class C misdemeanor and the fine.

Although the incident occurred earlier this year, it received recent publicity after Hayman was contacted by an El Paso reporter after a similar situation there.

In El Paso, a 10-year-old boy with Asperger's syndrome received a $260 ticket after he repeatedly fell asleep in class, made noises in the hall and sat down and wouldn't get up. The boy was not in a special education class, his mother said, because of lost paperwork.

In Thomas' case, the Richardson school district declined to comment, citing federal privacy laws. The district's student handbook makes it clear that profanity is not tolerated.

Hayman said her son was in a room for special education students when he apparently said the word and was sent to the school office. An assistant principal called the school resource officer, a Dallas police officer assigned to the school. The school is in Dallas, even though it is part of the Richardson district.

Hayman said she did not know why Thomas uttered a profanity. She said she hadn't talked to the teacher involved, but had talked to the school principal and a district autism specialist.

She would not confirm that Thomas used the f-word, but acknowledged that he had been disciplined at home as well as at the school.

Use of profanity can be considered disorderly behavior and ticketed, Dallas police Sr. Cpl Janice Crowther said.

"It's a routine thing. A lot of schools have no tolerance for disorderly conduct," she said.

She said the officer noted on the back of the ticket that the boy understood what he had done and that it was wrong. Hayman said the copy of the ticket she saw did not have that information. Thomas did not sign the citation, she said.

The school district could not comment on Thomas' case, but Liz Morse, a district spokeswoman, said parents of students in special education can ask for an alternative discipline plan.

A new state law has softened Texas' zero tolerance policies, but many districts still take a dim view of even nonthreatening violations. The new law requires school districts to take the circumstances into account before selecting a punishment.

Still, there is continuing debate about appropriate discipline.

The El Paso television station that aired its report got comments from around the world. Some sided with the district, saying bad behavior should be punished. Others thought that giving children tickets was a step too far.