Arkansas boy with autism charged with felony assault when he fights against attempts to restrain him

From the Special Education Examiner:

Carole Reynolds is desperate to help her eleven year old autistic grandson, Zakhqurey Price (pictured) , who has been charged with multiple counts of felonious assault against two school district employees. The school is Beard Elementary in Fort Smith School District, Arkansas.

Reynolds says, "On August 18th, my 11 year old grandson started the school year, and we requested an evaluation be done as he was returning from another district that recommended he have an aide with him at all times. We tried to get an IEP together before school started in July and were refused and told to wait until school started."

Reynolds has been refused access to Zakh's records in spite of repeated requests. She said, "We have made requests to receive a copy of his evaluation/assessment results before the October 15th temporary placement IEP meeting and were refused because they said it was not allowed by state law."

"On October 15th, a temporary placement (Individual Education Plan) IEP meeting was held to start services because we felt they were not considering his previous tests or recommendations of Habberton House". Habberton House is a residential placement of the Ozark Guidance and Counseling center of Springdale Arkansas. The staff at Habberton felt that Zakh needed a full time aide, but none was offered. Even when the family specifically requested the aide at the IEP, the Beard school staff denied it.

Reynolds continued, "We repeatedly asked for a Functional Behavior Assessment FBA, and positive behavior plan with positive behavior strategies and supports, and the school to stop calling the police on my grandson. At the October 15th meeting, suggestions and guidelines were agreed upon but no formal positive behavior support plan was completed."

Reynolds is sure the suggestions from the meeting were not implemented. Worst of all, there was no positive behavior support plan in place As a result, Zakh had a meltdown two weeks later.

On Oct 30th, Zakhqurey exhibited behaviors manifested by his Autism, which led to restraints. The police were called. In the process of attempting to restrain him, two staff members were injured and filed felony charges against the 11 year old child. They cornered him and tried to take him down, he fought back. There were very minor injuries to principal and teacher. The fifth grader was taken away in handcuffs and booked with juvenile criminals. He has an IQ of 68.

The felony hearing is scheduled to occur on Jan. 12, and Reynolds fears he may be sent to an alternative school or facility. The psychologist hired by the school is recommending he go back to the mental hospital as the school can not take care of his needs. Ironically the same psychologist noted that prior
mental hospital commitment failed Zakh altogether.

Again, the family has asked repeatedly for a copy of his discipline file of this incident, and any other the school district may have but have been denied. So far they have been sent only his records for nine suspensions. He has been suspended for a total of 12 days.

The police were called numerous times, even though his IEP states they will not call the police.

Currently Zakh is now homebound schooled by the district for only FOUR HOURS a week. He is reading at the 2nd grade level, even though 11 yrs old.

Zakh has 3 brother with autism, and comes from a family of 7. His baby sister died while he was in mental hospital. She was 3 yrs old and his favorite sibling. He still suffers depression from not being allowed to mourn with the family.

Carole Reynolds is heartbroken because in the state of Arkansas, there are no attorneys listed on the Council Of Parent Advocates and Attorneys, COPAA list. The Grandparents already spent over $12,000 trying to save Zakh and are out of options to hire an attorney for special education and felony charges. The family is in dire need of legal council.

This little boy may end up a felon in a mental institution. He did not do anything wrong. He simply has not been educated properly. Three years of IQ testing (when taken from home and forced into mental hospitals*) show a REGRESSION in his intelligence and academic skills. He was fearful because he was cornered by adults bigger and stronger than he was. He did not know any better.

*Mental hospitals are generally designed to deal with emotional disturbances such as schizophrenia. Zakh needs treatments specific to autism to make progress.