Update on Zakhquery Price's Case: ASAN Action Alert

I told you about Zakhquery Price on January 3. Tricia Kennedy, who hosts Embrace Autism Now at Blog Talk Radio, had an interview with Zakh's grandmother on January 5th 2009. This morning, I received the following action alert

This is another ASAN Update for bloggers in the Autistic and disability rights communities. ASAN has created an Action Alert regarding the case of an 11-year old Autistic boy in Arkansas named Zakhqurey Price, who has been charged with felony assault after a school restraint incident. There were no serious injuries, and the incident occurred under circumstances where the use of restraint would not have been legal if recently introduced federal civil rights legislation to protect children in schools had been in effect. We are asking that you take action by contacting the school principal and superintendent to inform them of your concerns and by reposting the ASAN Action Alert set forth below.

As always, we encourage you to contact us with your comments, and please let us know if you would prefer to receive these announcements at a different address or to be removed from the list.

Best regards,

Meg Evans
Director of Community Liaison,Autistic Self Advocacy Network (ASAN)
email  [email protected]

By Ari Ne'eman, ASAN President.

Hello,

In the past, we've written to you about advocacy issues relating to the rights of adults and youth on the autism spectrum. Our voices have made a difference on all manner of policy concerns and have sent a clear message that those who seek to deprive Autistic people of any age of their rights will have our community to answer to. Now we'd like to ask you to help us take action to help protect an 11-year old Autistic boy in Arkansas named Zakhqurey Price, currently being charged with felony assault after fighting back when two staff members restrained him in response to behavioral challenges. The school has ignored repeated efforts from Zakh's grandmother over the course of the last five months to obtain needed IEP supports to improve his educational options and manage his behavioral difficulties.

According to the suspension notice, the restraint was in response to Zakh destroying school property - something beyond the scope of what would be allowed under recently introduced federal civil rights legislation around restraint and seclusion in schools. Disability advocates, including ASAN, are fighting to pass this crucial legislation that would broaden the protections available to students like Zakh as well as those with other disabilities and with no disability at all. We have asked for your help in passing this important legislation, and together we can succeed in bringing proposed civil rights protections into law - but not in time to help Zakh. That is why we need you to take action now. Find out how below:

School Principal:
Pam Siebenmorgan (One of the charging parties in Zakh's felony hearing - polite but firm calls and e-mails encouraging her to drop the charges would be helpful) Phone: 479-646-0834
E-mail: [email protected]

School Superintendent:
Dr. Benny Gooden (The Superintendent runs the entire school district - polite but firm calls and e-mails communicating how this situation is damaging Fort Smith Public Schools' reputation would be helpful as well)
E-mail: [email protected]
School Board Office: 1-479-785-2501 Ext. 1201

We recommend that you both e-mail and call if you can. If necessary, e-mail is the preferable option. If you would like your e-mails to be passed along to Zakh's grandmother, please bcc: [email protected]. Please stress the importance of Fort Smith Public Schools taking the following steps:

• Drop the charges against Zakhqurey Price
• Work with his grandmother to put in place an IEP that will fulfill Zakh's right for a Free and Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE)
• Improve training for school personnel to prevent future such incidents and to ensure that students on the autism spectrum as well as with other disabilities are included, supported and educated in Fort Smith Public Schools.

If Zakh is declared incompetent as part of the hearing scheduled for January 12th, state law requires that he be placed into a mental hospital for at least 30 days. His grandmother fears that, due to the negative repercussions of being taken out of the community and being forced into an institutional setting, Zakh may lose skills in such an environment and not be returned to her indefinitely. That is why we need you to act now. Please distribute and repost this action alert. Thank you for your time and your advocacy, and as always, Nothing About Us, Without Us!

Elsewhere:

Cat in A Dog's World A Sad Story and a Call to Action

Graphic Truth: Refused and Abused

Autistic Women's Network One Call One Email One Tweet to Help Carole Secure Justice for 11 autistic Grandson

Anne M. Zachry, who is the CEO of  KPS4Parents, Inc ("Making Special Education Work") has a blog post explaining the special education law issues that arose from the conduct of the Fort Smith school district prior to Zakh's arrest.

The local television station has a discussion board.  Some of the comments are just vile.

http://community.kfsm.com/service/displayDiscussionThreads.kickAction?as=97523&w=225196&d=337833&ac=new

Other Supporters:

Robin Hansen (Special Education Examiner)

Karen Halabura (tweets at 333autismnews)

Trisha Kennedy (tweets at trishinspace)

The Zakh Supporters Facebook Page

Donation website at The Zakh Appeal (http://zakhs.blogspot.com/)

Faces of Autism

Comments

[kwombles]

We have posts up on Respect For Infinite Diversity, Countering Age of Autism, Even Dumbasses Have Feelings, and Kathleen's Autism Herd. I have the prosecuting attorney's name, email, and phone number up on Countering, as well.

[Shannon]

There is more to this Zakh story. There has got to be. I applaud the school for putting thier foot down and filing assault charges. The legislation is bunk... it will cause more stories of kids being taken away in squad cars and institutionalized. After the de-institutionalization movement... this is a really creative way of re-institutionalizing which will be less theraputic. Police don't just "ignore the behavior" or use PBS strategies. I am looking forward to the "fall-out" backlash when that happens.

[Liz Ditz]

I find Shannon's attitude (a) vile (b) well, frankly, illegal. The Individuals with Disabilities Education Act (IDEA) guarantees that all children have access to a Free and Appropriate Public Education (FAPE). I strongly urge those who think the school's actions are appropriate to read the arrest report and the persecution of Zakh's family, as covered by citizen journalist Emily Willingham, Zakhquery (Zakh) Price and the System The Public Owes Him Nothing.

[Graphictruth]

And now there's the "let no blog go un-trolled" movement arising from this story.

My reaction to it may possibly explain why I get so few comments in general. :>

[Shannon]

Liz, You have missed the point. Pay more attention to the comment about de-institutionalization. If ecological stratigies need to be in place for Zakh to be successful in an inclusion setting, then they absolutely need to be in place. However, with Zakh's history, it does not sound like there could possibly be enough supports. FAPE does not mean inclusion for everyone. If my person was injured by a student, it is my choice to file assault charges. None of us can understand what led, not one but two, employees to file those charges. Teachers can not teach and work in a war zone everyday without resolution.

[Liz Ditz]

What you don't understand, Shannon, is the reason for Zakh's hospitalization. Evidently you haven't researched enough. Yes, he had behavioral challenges. But the school district found that they could get a third party (I believe Medicare, but I could be wrong) to pay for the hospitalization, rather than the district paying for the support he needed to be successful in the classroom.

Now: on to inclusion. FAPE stands for Free Appropriate Public Education. For some special-needs students, that's full inclusion. For others, it's partial. For yet others, it's a separate classroom.

As to your "war zone" comment. It seems clear to me that Zakh was goaded into his behavior by undertrained teachers.

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People are aware now and very curious on they see on TV.

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