US: Lawsuit over handcuffing of disabled Kentucky schoolchildren

[webfact]

Mothers: US officer restrained children with cuffs on arms

FRANKFORT, Kentucky (AP) — A school resource officer placed two disabled elementary school students in handcuffs because they were acting out, causing physical and emotional pain to the children, their mothers say in a federal lawsuit filed against the official and his boss, the county sheriff.

In a video of one of the incidents released by the American Civil Liberties Union — the rights group that filed the lawsuit Monday on behalf of the two women from Kentucky — an 8-year-old boy struggles and cries out as he sits in a chair, the handcuffs around his biceps and his arms locked behind him.

"You don't get to swing at me like that," School Resource Officer Kevin Sumner tells the boy in the video, which was taken by a school administrator. "You can do what we've asked you to, or you can suffer the consequences." It was not clear why the administrator took the video, and school officials had not responded to a request for comment Tuesday.

The handcuffs were too large to fit around the boy's wrists as well as those of the second child, a 9-year-old girl, the lawsuit says. Both children have been diagnosed with attention deficit hyperactivity disorder and are identified in court documents only by their initials. The lawsuit says school officials were aware of the students' disabilities, which include "impulsivity, and difficulty paying attention, complying with directives, controlling emotions and remaining seated."

Col. Pat Morgan with the Kenton County Sheriff's Office declined to comment Monday, saying the office had not been officially notified of the lawsuit. Robert Sanders, Sumner's attorney, said Sumner put the children in handcuffs because "they were placing themselves and other people in danger of harm, and that's what the book says to do."

The lawsuit says the boy was removed from class last August because he was not following his teacher's directions. The boy then tried to leave the principal's office but was physically restrained by school administrators until Sumner arrived to escort the boy to the bathroom.

On the way back from the bathroom, the boy tried to hit Sumner with his elbow, according to a report from the Kenton County Sheriff's office cited in the lawsuit, and that's when Sumner put him in handcuffs.

The 9-year-old girl was sent to an isolation room at her school last August for being disruptive. School officials asked Sumner to help after the girl tried to leave the room and was restrained by the principal and vice principal. A report from the sheriff's office said Sumner put the girl in handcuffs because she was "attempting to injure school staff."

Kentucky state regulations ban school officials from physically restraining students that they know have disabilities that could cause problems.


-- (c) Associated Press 2015-08-05

[ggt]

I am just happy these over zealous adults did not feel the need to empty a revolver into the children...shooting unarmed civilians seems to be in vogue by authorities these days....

[Credo]

I am just happy these over zealous adults did not feel the need to empty a revolver into the children...shooting unarmed civilians seems to be in vogue by authorities these days....

Don't be silly, I saw a clip of it on television this morning. He's a white kid.

[Seastallion]

There are times when "spare the rod and spoil the child" is an apt saying. With a hyperactive ADHD child, sometimes you just have to put your foot down and take preventative/disciplinary action...the kids quickly learn that their misbehavior can go without consequences and act out accordingly.

[Emster23]

I taught severely emotionally disturbed kids in USA, first middle schoolers and later high school gangster types. For middle school we had a procedure which was to get behind kid, cross his arms across chest and sit him in lap until calms down (included hers, btw). I think the human touch (almost like bundling in a way) with talking calmly to kid "I'll let you go when you have calmed down" seemed to work. They weren't criminals, but they were out of (self) control and could be a danger to themselves and others.

I didn't do that with high school students: they were often bigger, stronger than me and a bit more self aware. I'd use humor early on in escalation and also matter of factly tell them "This isn't a prison, the door isn't locked. If you have a better plan of what to do with your life, there's the door. Good luck." Sometimes I would have to call security, but that could be due to student suspected of having a gun (I'm not kidding).

[HerbalEd]

The school can't win, either way. Had they not restrained the kids and the kids went on to harm themselves or others, they would probably have been sued also.

[Baerboxer]

There are times when "spare the rod and spoil the child" is an apt saying. With a hyperactive ADHD child, sometimes you just have to put your foot down and take preventative/disciplinary action...the kids quickly learn that their misbehavior can go without consequences and act out accordingly.

Bring back the birch, caning, slapping and tie them up eh? That'll teach'em.

Brought to you by the man who bravely hunts wild boar with spear and gun.

And so much research by those qualified to undertake the research proves that violence clearly works in changing the behavior of children, especially those with disabilities

[Grouse]

Quite appalling!

Words fail me........

[Krataiboy]

"impulsivity, and difficulty paying attention, complying with directives, controlling emotions and remaining seated."

Sounds like me watching Parliamentary Question Time. Must have forgotten to take my ADHD medication.

Orwell must be spinning in his grave - assuming spinning is allowed, of course.

[sgtsabai]

My son, a bit "hyperactive", once had to pick up a baseball bat to defend himself against a Sherriff's deputy shortly after starting 1st grade. He did not wait, he knew the score and attacked, scoring more than a few hits before the teacher stopped the deputy. The deputy who was acting under false pretense tried to abduct my son from class with an illegal, out of state court order. After this he went to school for some time with armed guards. Fortunately I had already had a long talk with his teacher and the school principal about the possible danger. He had already been kidnapped once by my ex-wife (child abuser) and her family, another Marine and I took him back. To say that it didn't have a long term effect would be a lie. I did get all her parental rights revoked. After many ups and many more downs as he grew older, he got his life together, former Navy SEAL. You know, while the situation in Kentucky was not the same, some time it is the kids that do the right thing and the cops that don't.

[meinanzi]

Human rights in America... Who's right hahaha ...

In order to even suspend a Special Ed kid past 10 days in America, the school must hold a special ed Individual Education Plan (IEP) meeting to determine if the behavior is a manifestation of his disability and if the prior IEP plan was followed correctly.

The parents of Special ed kids have more rights than the school has and they often take the tact that their child can do no wrong.

There are rights that you do not know a thing about.

[sdanielmcev]

There are times when "spare the rod and spoil the child" is an apt saying. With a hyperactive ADHD child, sometimes you just have to put your foot down and take preventative/disciplinary action...the kids quickly learn that their misbehavior can go without consequences and act out accordingly.

Bring back the birch, caning, slapping and tie them up eh? That'll teach'em.

Brought to you by the man who bravely hunts wild boar with spear and gun.

And so much research by those qualified to undertake the research proves that violence clearly works in changing the behavior of children, especially those with disabilities

So what would your alternative be? I rarely agree with Seastallion, but what are the honest alternatives? And what this suit doesn't address is the rest of the kids that behave and get disrupted. I'm all for education for everybody, but at some point the individual rights are superseded by the rights of the rest of the kids.

And why are police officers being called in in the first place?

[LukKrueng]

My son, a bit "hyperactive", once had to pick up a baseball bat to defend himself against a Sherriff's deputy shortly after starting 1st grade. He did not wait, he knew the score and attacked, scoring more than a few hits before the teacher stopped the deputy. The deputy who was acting under false pretense tried to abduct my son from class with an illegal, out of state court order. After this he went to school for some time with armed guards. Fortunately I had already had a long talk with his teacher and the school principal about the possible danger. He had already been kidnapped once by my ex-wife (child abuser) and her family, another Marine and I took him back. To say that it didn't have a long term effect would be a lie. I did get all her parental rights revoked. After many ups and many more downs as he grew older, he got his life together, former Navy SEAL. You know, while the situation in Kentucky was not the same, some time it is the kids that do the right thing and the cops that don't.

Sorry, but I fail to see the relevance of your case to the one in the OP

[LukKrueng]

I am no expert on education / special education nor ADHD BUT - there were some wrongs done here.

Firstly on the schooll's part: There is no calling for handcuffing a 9 year old boy or girl nor calling a sheriff / police officer on them unless they are criminals (which is hardly the case in these ages). Even when police involvement IS needed, there should also be a child specialist social worker to supervise or even do the restraining.

Secondly on the parents' part: In the case of ADHD kids, while I can understand the parents wishes for the kids to study in a regular school, they do have to understand that their kids need special attention and special care that regular schools and teachers are not able to provide while special schools have the know how and training to deal with hyper active kids. It depends of course on how severe their ADHD is.