Thursday, December 24, 2009


Please spread this all over the nation. The FBA were not followed, the IEP was not followed. They cornered him and tried to take him down, he fought back. Very very minor injuries to principal and teacher, minor to child. Taken away in handcuffs and booked with juvenile criminals.

Please report to the paper, TV, radios every where. We need this to get out what they are doing to our families and kids.

Name of school is Beard Elementary in Ft. Smith, Ar.



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.

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 it was not allowed by state law.

On October 15th a temporary placement IEP was held to start services because we feel they are not considering his previous tests or recommendations of Habberton House. We repeatedly asked for a Functional Behavior Assessment and Positive Behavior Plan with Positive Behavior Strategies and Supports, and the school to stop calling the police on my grandson. At the Oct 15th meeting, suggestions and guidelines were agreed upon but no formal positive behavior support plan. These suggestions were not put in place and Zakh had a meltdown two weeks later.

On Oct 30th, my grandson 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 my 11 year old grandson.

We do not believe he is being given a "full and complete" evaluation. The school denied him Physical Therapy stating he could get around the school just fine and ignored suggestions made by Habberton House to provide an aide to be with him at all times.

The felony hearing is scheduled to occur on Jan. 12, and we fear he may be sent to an alternative school or facility.

We have asked repeatedly for a copy of his discipline file of this incident, and any other the school district may have but have been denied.

I have been sent only his records for 9 suspensions. He has been suspended for a total of 112 days and no manifestation hearing conducted, although we have asked for one twice. The police were called numerous times, even though his IEP of 15 Oct states they will not call the police.

Due to the fear that he would be taken away from us, as was done 3 years ago under extremely similar circumstances, we requested he be placed on home bound schooling.

As IDEA states he should be in the LRE with accommodations as needed. Homebound School is one of the most restricted environments. The parents are so intimidated by the school district, they felt it was the only place he would be safe


  1. i say get a lawyer. Schools are not for the kids anymore.they endangered him by provoking him and obviously scared him. he is not responsible they are

  2. Have you filed a complaint with the State Department of Education? If not, you need to do so as soon as possible. The web site for your state law on IDEA, IEP, BIP is at
    Section 12 lists how to file a complaint, and provides a link to the complaint form. The state dept of ed has 60 days to investigate the complaint and issue a report. Be aware up front that these investigations are almost always biased for the school district, so be sure that you site specific violations (date, time, IEP says, school did).
    If you haven't followed the system and tried to resolve the issues through channels, it doesn't do much good to go public.
    I e-mailed Dr. Gooden about the situation and was very displeased with his response.
    Besides filing a complaint, you can request mediation and/or file for a due process hearing. You've got to know Zak's rights, and what you can do within the system to encourage the school to abide by state and federal law.
    If what you've posted is true and verifiable, the school is definitely in violation of IDEA and Arkansas law (since it has to be at least as strict as the federal law).
    If you can find a local advocate who will help you work with the state, that would be best - they're likely to know AR law much better than a non-state resident.
    I have two children who have autism, and went through a similar fight with our local school district.
    Prayers and thoughts for you & Zak.

  3. Thanks for your comment. This is not my child, but the grandmother asked me to spread the word. The story is reliable.

    I have the police report, copies of his evaluations, and many other things. The hearing date was supposed to be January 12th, but has been postponed until April.

    I posted this story and it has gone national.

    Thanks for your advice and I will pass it on to the grandmother. The child will be living with her.

    I have a son that is almost 17 years old. He was forced to drop out of school because it was destroying him emotionally and psychologically.

    I understand the pain of parents and have made it my number one priority to make a difference.

  4. very difficult when a parent tells you that your child has a very special Term Of such as autism, however, love, understanding And the patience to help in this situation