Autistic Kindergartner Facing Assault Charges After Tennessee School Failed To Provide Adequate Classroom Support

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The Tennessee Conservative [By Paula Gomes] –

An autistic kindergartner is facing assault charges after his school failed to provide him adequate support in the classroom.

According to records obtained by The Tennessean, Sumner County School Resource Officer (SRO) Larry Burke at H.B. Williams Elementary School located in White House, Tennessee, filed for aggravated assault and simple assault against the 5-year-old boy at the beginning of September.

The child allegedly threw chairs and other items around the classroom and overturned furniture. Other students were hit or struck by items, and later in the day the boy reportedly pushed a child to the ground during recess, striking them on the arm.

The school nurse cleared all children involved in the incident and no injuries were listed in the report. The Sumner County District Attorney’s Office and juvenile court were quick to dismiss the charges and declined to prosecute.

Rather than that being the end of the matter, the child is now facing new assault charges from parents of two classmates in a process known as private prosecution which allows individuals to bring criminal charges against a juvenile and argue the case themselves.

Now pending in the Sumner County Juvenile Court, the boy’s parents are at a loss as to how the situation was allowed to escalate to this extent. 

Assistant District Attorney for Sumner County Eli Freeman said that he is not aware of any other cases in which charges have been filed against so young a child.

Vanderbilt University Law School professor Terry Maroney expressed doubt that pursuing charges against a 5-year-old was the best course of action.

“You don’t want to risk a single one of these harms unless it’s really, really worth it, and there’s no other way to get the kid help,” said Maroney, explaining that the court process can make children feel confused and scared. “This cannot possibly be that situation.”

Included in Burke’s report, is a question from the boy’s mother. “Do we regularly punish children for things that are out of their control?” she asked.

While Burke stated in the report that the child lacked empathy, he appeared to have little himself for the boy, choosing to press charges not just against a 5-year-old, but a 5-year-old with a disability.

The boy’s parents, aware that Burke’s attempt to bring charges had come to nothing, were blindsided when a member of the Sumner County Sheriff’s Office delivered a court summons to their home weeks after the dismissal.

Unlike a prosecution led by a district attorney that must be screened by a judicial magistrate, no such process exists for a private prosecution.

Before the boy began Kindergarten, his parents did their due diligence in preparing him for school by putting him through months of intensive therapy. Experts told them he was ready for a traditional classroom, provided he had appropriate support.

With an individualized education plan (IEP) in place, the school year began. However, the plan did not provide for full-time one-on-one support. It wasn’t long after school started that the boy began having outbursts and acting out.

The boy’s father said that not only was the school unprepared, but there was surprise over his son’s behavior.

Suspended twice before the incident that Burke documented, the boy had already had outbursts that led to classrooms being destroyed and other children being struck. When the boy’s parents pressed the school to update the IEP to add one-on-one support they stalled, only complying once the parents had hired an advocate for their son’s needs.

With a new plan in place, the boy’s parents report that their son’s behavior has improved and outbursts have been limited. 

The child’s mother filed a complaint against Burke with the Sumner County Sheriff’s Office, which is responsible for SRO oversight but her complaint was dismissed.

While SROs complete 16 hours of specialized training annually, including sections on children with special needs, the boy’s parents question if that training is adequate given the disproportionate response to their son’s behavior which was directly related to his disability.

Shockingly, Tennessee has no minimum age for a child to be charged with a crime. To be charged for a federal crime, a minor must be at least eleven.

Maroney said that while Tennessee is not the only state without a minimum age, it doesn’t make it good practice. British common law, the basis of the legal system in the United States, considers children under 7 years of age to be infants, and therefore unable to be charged.

About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.