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Fifth grade autistic boy charged with a felony

Zakhquery Price, age 11
Zakhquery Price, age 11
Photo credit: 
Carole Reynolds

Carole Reynolds is desperate to help her eleven year old autistic grandson, Zakhqurey Price, 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.   

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, Special Education Examiner

Robin is a graduate of the Special Education Advocate Training (SEAT) program offered by the Council of Parent Advocates and Attorneys (COPAA) and Office of Special Education Programs (OSEP). She is a mentor parent at Support for Families of Children with Disabilities and the former Chairperson...

Comments

  • Lorinda Luck 2 years ago

    This is incredibly sad. His grandparents must be doing everything possible to give this child an up in life. this is the last thing he needs........we are behind you 100% Carole and pray that your grandson will be treated with respect and love.
    Lorinda Luck
    Gilbert, AZ

  • Christy Marks 2 years ago

    No surprise to me. I have had my battles with the Fort Smith School district. This is unacceptable and inhumane!!!!!!!!!!!!

  • colleen 2 years ago

    I would move to another state. There has to be something better out there were your sons needs can be met.

  • Susan Tracy 2 years ago

    We don't know exactly what behavior started this incident. Many of the families I have worked with have seen behavior improve with use of digestive enzyme supplements. I also teach EFT (Emotional Freedom Techniques). I have a son the same age with learning issues, who could have easily gotten himself into similar trouble. I realize not everyone can, but I homeschool my son, and I would say he feels smart and successful. In general, we have to realize that calling the police is reasonable when there is violence. 70% of prisoners have learning disabilities, let's help before it gets that far. Hope this helps someone, somehow...

  • Tricia Kenney 2 years ago

    omg...this poor child :( Do not let him get institutionalized, he will be damaged forever. He has to be homeschooled. If his reading level is so low and he's in a place where they think it's ok to use restraints and call the police on a child, then he must be kept away from those people. Homeschool him and give him a chance at having a life. As it stands now, the experiences that he's had...the mental hospital, being away from family, losing a sibling, abuse at school..all of those issues will be so much for him to overcome. It will take a long time and lots of support, therapy and patience for him to get passed all of that. I feel so awful for this boy and his family :( I pray that they find a way to keep him at home. Moving away from that area sounds like a good plan too. Blessngs to them and please keep us posted on how he is doing.

  • Tricia Kenney 2 years ago

    omg...this poor child :( Do not let him get institutionalized, he will be damaged forever. He has to be homeschooled. If his reading level is so low and he's in a place where they think it's ok to use restraints and call the police on a child, then he must be kept away from those people. Homeschool him and give him a chance at having a life. As it stands now, the experiences that he's had...the mental hospital, being away from family, losing a sibling, abuse at school..all of those issues will be so much for him to overcome. It will take a long time and lots of support, therapy and patience for him to get passed all of that. I feel so awful for this boy and his family :( I pray that they find a way to keep him at home. Moving away from that area sounds like a good plan too. Blessngs to them and please keep us posted on how he is doing.

  • Amy Jamison, MS. CCC-SLP and MOM 2 years ago

    I'm sad that I'm not shocked. Unbelievable... yet, as an advocate AND as an evaluating professional who spends hours with my jaw on the floor weekly, listening to these types of horror tales... all I can say, is we just have to keep going. Have to keep believing. A patient with autism bit me on the neck last night. I get it. It's hard. It's scary. But the police are not behavioral analysts... let's hire the appropriate authorities folks and save our children! Geez.

  • reba in arkansas 2 years ago

    sorry to hear thsi it is ridiculous that they called the police and aressted this child.for god sake he is 11 and has autism.. i have a son with autism and i understand what this grandparent is feeling.. i think schools try to find a way out instead of dealing with theses children it is a shame god bless

  • Susan TenEyck 2 years ago

    Don't move to GEORGIA; it is worse here.
    Eventually, the parents are going to begin retaliating and what action will we take? (Who knows)
    Fact is, the aberrant and intolerable behavior of gov't/school employees is sweeping the nation; and children with special needs, who CANNOT defend themselves, and are entrusted by parents to these adults during the day to provide an appropriate *EDUCATION* are boldly and blatantly being mistreated by these untrained school officials! It makes me angry. And then, you have another do-nothing network (DFCS-Department of Family and Children Services) who has *IMMUNITY* from prosecution and they are aiding and abetting these inhumane monsters who are abusing our children and not defending the parents (and by extension, the children). Our USA is fast becoming strictly a communistic gov't. SO, where do you move to? Running does not help, but fighting the failing system does not either.
    I homeschool. But I realize that some people cannot. What do you do?

  • Cass Estes 2 years ago

    This boy needs to be homeschooled. You can teach him to read and he will improve. If he's already reading at 2nd grade level then he can move forward from there. Whatever you do for him will be MUCH better than public school. Whatever you do STOP vaccinating him as well as all the siblings that family. They may be genetically sensitive to vaccines and that could trigger more problems. Start healing him from the public school trauma inflicted on him and also change his diet--Remove all wheat products. NO FASTFOOD or junkfood. If he is any anti-psychotic meds take him off. They are inflicting more damage to his brain. People with Autism are very sensitive to those drugs and those drugs actually cause MORE violent behavior.

  • Carla 2 years ago

    OMG this is absolutely horrific, I am not sure what people are thinking when dealing with autistic kids. They are human and deserve to be treated as humans, not some kind of animal. I do not understand why public schools cannot just do what is right by these kids and get them the help they deserve!!!

  • parent 2 years ago

    OMG autism has nothing to do with junkfood or vaccinations. When will idiots stop believing all that junk science?

  • Anne Zachry, KPS4Parents 2 years ago

    I suggest you contact Susan Purtle at Arkansas Legal Aid. Her email address is spurtle@arlegalaid.org. You can also call 1-800-952-9243, which is the Arkansas Legal Aid number for Sebastian County. If Arkansas Legal Aid can't help you directly, they can probably refer you to private practice attorneys who can. There are reportedly special education attorneys in the Springdale/Fayetteville/Rogers area and Fort Smith isn't that far for them to travel.

  • R.R.Cratty Parenting & Education Examiner 2 years ago

    I am so greatful to the special education department in the school I work in; I always have appreciated their love, care and education they have provided, but more now that I have read this story. They work every day to see all students needs are met. The teacher's I work with spend countless hours providing for the needs for each child in their class. Thank you for this article, for reminding me of how lucky I am to work with such a fantastic group of teachers. I have subscribed!

  • brokenarrowbader 2 years ago

    I'm sorry "parent" that is not junck science. There are several books written out there by Drs...MDs that talk about the effects of diet and environmental toxins on our bodies.

    Read "Healing the New Childhood Epidemics: Autism, ADHD, Asthma, and Allergies" by Dr. Kenneth Bock. Or "Gut and Psycology Syndrome" by Dr. Natasha Campbell-McBride.

  • parent 2 years ago

    Junk Science. Arsenio Hall junk science. Jenny McCarthy junk science. My son will still have autism even if he stopped eating wheat or dairy products. There's a lot of people cashing-in on the autism epidemic, modern day snake-oil salesmen, and they are hurting kids and sometimes killing them with chelation and exploding oxygen chamber therapies. It's horrific.

  • Becky 2 years ago

    I agree that the weird "cures" are mostly nonsense. There's a lot of 'books" written about astrology too, but that doesn't make what the books say to be true. My son has improved because I spent almost all my time helping him to improve, others would rather shove vitamins and supplements down the kids' throats and pretend that they are doing enough. Sad.

  • Marc Rosen-Long Island Autism Examiner 2 years ago

    I'm just glad my school NEVER would stand for this sort of behavior. This school violated not just the ADA, ADA-AA, IDEA, and Rehabilitative Act, but they even violated the damn Geneva Convention! We treat prisoners of war better than they treated this kid! Who the hell do they think they are, doing this crap?! Who died and gave THEM the right to treat others as less than human?!

  • Carolear 2 years ago

    This is awesome, the interest in my Grandson. We do not homeschool him because the judge FORBID homeschooling for any of the children! (3 YRS AGO when DHS took them on trumped up charge...letting them go 2 hours later, except Zakh had a breakdown and they took him to a real hell hole of a place.
    As recently as Aug. 09 I asked the judge if I could homeschool his 13 year old autistic brother and was REFUSED.
    When they took the kids they did not try to place them with family as we lived 15 min away on Oklahoma side. So we moved from our home of 11 yrs, across river to Ar. We requested (after 3 yrs) to move back as it is closer to my husbands work.
    JUDGE REFUSED to let Tyler go.
    I could go on and on. Please look up Zakh's facebook page I just started for him. There you'll see pics of his baby sister who died.
    My email is Carole_ar@cox.net for anyone who wants to reach us.

  • Kelly 2 years ago

    This is what people think about Zakhqurey Price at KFSM 5 News Community- 5 - Fort Smith - CBS

    "NOT entitled to a public school enviroment"
    "If he was severely autistic, there is no way he could be in public school"

    "By charging him criminally it removes the choices from the grandmother and places them with the court, I assure you Judge Hewitt WILL appoint the people this child NEEDS to help him and he will be placed into a school better directed for his problem"

    "With some discipline, animals behave better than this"

    Is this garbage for real? Some one needs to set these people right!!

  • Carolear 2 years ago

    Kelly,
    How did you find this out? Did they really say this? I know Garrett Lewis the weather man, and I will ask him to help if this is the case.
    THEY NEVER TALKED WITH ME! OR ANY FAMILY MEMBER. Who did they talk to and who gave them permission too??????
    Is this slander?

  • Carolear 2 years ago

    I just googled it and what people are saying makes me want to throw up. They have more compassion for animials than special needs children.
    I can't even talk about it...people REALLY think this way...Judge Hewitt is part of the problem.

  • XiNeutrino 2 years ago

    Send this entire story with a much detail as possible to Bill Clinton's Foundation in NY. Arkansas has broken several state and Federal laws regarding access to records and the completion of an IEP. I recommend Clinton because of his ongoing Arkansas connections. There is also a law firm in Philadelphia that specializes in IEP issues on a national basis. In many cases they take the case pro bono. Do a Google search on Philly, Austism and Disability Law.

    I wish I was in Arkansas, and near that family. You are right they desperately need help and that child does not need to be charged with anything, but the school board and administration are up for legal grabs in my opinion.

  • Carolear 2 years ago

    Clinton is a good idea...but he wouldn't see it before the hearing.
    I wish there was someone who knew him.
    I tried to find the pro bono attorney and couldn't...do you have anything like a name or something?
    Thank you so much!

  • Jackie Igafo-Te'o 2 years ago

    This breaks my heart. If I were this family, I would go through Wrightslaw's Yellow Pages for Kids webpage at yellowpagesforkids.com and email every single attorney listed on the Arkansas page. Maybe someone can help. We had a similar thing happen to our son in 2005 and no one ever was punished for what occurred - except for him. He was 11 years old at the time. Despite the district's own expert recommendations, our demands, and regressive and escalating behavior, they repeatedly failed to implement an effective plan. God bless this family. They really need it. See bridges4kids.org/Restraint%20Seclusion%20IEP%20Violations%20Case%20Igafo-Teo.pdf

  • Sheri 2 years ago

    I am so sorry to hear of the situation you and your grandson are in! In your situation, I would contact the NAA (National Autism Association) chapter in your state to see if they could help, even if it's just with advice. Go to www.nationalautismassociation.org - they have an Arkansas chapter with contact information there.
    Good luck.

  • Heather E. Sedlock 2 years ago

    I live in Sallisaw, OK ... just over the border from Ft. Smith... if someone can have Carol email me, I have a boatload of info for her to try :) heatherbabes at gmail dot com

  • ArkansasNot 2 years ago

    Good God! This poor child is being abused in the name of keeping the school safe. Where was his aide? These teachers are clearly not doing their jobs! Every right this child has under a variety of Federal laws has been violated. I can just imagine that redneck sheriff in the class room, chasing him around! What a travesty! I've noticed that there are plenty of people with opinions and they really need to just sit down and shut up. If you are not a parent or caretaker of an autistic child, you have no idea! The grandmother sounds like she is on the ball but has hit a wall with the school administration.

  • Karen 2 years ago

    For all the "oh that's horrible's", someone with the legal ability to defend this child is going to have to come through. The hearing is Jan 12th, and this family needs help. Zack will probably get the IDEA help through the Disability Rights Center now that the director knows, but the criminal stuff is going to have to be dealt with the very next day. The head of special ed for the state sat listening to this grandmother's testimony, but even though she said there were IDEA violations noted in the testimony she said they can not intervene in court matters. WELL, Had the school abided by the IDEA maybe NONE of this would have happened, so maybe this IS on the state leader of special ed to fix! The public defender? I don't think so. Maybe this doesn't even need to be heard in Ft. Smith if that judge has prior dealings. One last note: If Medicaid would say NO MORE, and find out if it's Autism BEFORE they throw them in these places...Those are huge money making businesses at tax payer $$$

  • Jennifer P. 2 years ago

    I'm wondering if this is a matter the ACLU could take up? The kid's Civil Rights were violated for goodness sake!

  • Karen 2 years ago

    Where was "his" aide? Having a para is not a given, especially here where you have to fight to PROVE your doctors diagnosis is valid. The whole child find ..HA! I have had letters from doctors dismissed in favor of "behavior" person for the school (maybe social worker license I don't remember) and OT eval showing services needed, literally thrown at me and called "suspect at best." You have to fight, even with medical diagnosis to get placement in special ed, much less services. There is something called "push out" and I'm believing it's alive and well here. They (the system) special ed, schools,and now maybe the courts are being drawn into this (though I hope it's out of ignorance and misplaced trust of the school officials)they put these kids in ALE's, treatment centers for mental illness, or they place them homebound, expel or suspend them. Our country may have decided years ago to educate these children in public schools, but until there are some kind of sanctions it won't stop.

  • Samantha 2 years ago

    Everyone, even a child with Autism has a right to defend themselves when they are being assaulted. Assault is defined as fearing an immediate battery. They were attempting to restrain him. Of course he fought back, anyone would.

  • Narelle 2 years ago

    Oh God this makes me want to vomit. Have a son (9) with similiar difficulties with Autism. Will be praying for you people for a good outcome for your son. Our kids are so let down by the system.

  • Melissa Barton 2 years ago

    How can we as the advocates & parents help this child and his family right now? Can we write the school district, the DA, the judge? Any ideas?

  • NJMOM 2 years ago

    Once this all gets resolved in your favor, I would give serious thought to moving to the Northeast. The overwhelming majority of these horror stories take place in the South--you will find a whole different mindset with respect to autism in places like New York, New Jersey, Vermont, Connecticut and Maryland (no cakewalk and still lots of battles to be sure but a lot less of this "calling the cops" utter bs). It may seem impossible but you've got long term issues-thing about it. Will be praying for you.

  • VoicingAutismEstherIrizarry 2 years ago

    I agree with what one of the above persons said...I moved to Ohio, from Florida, and the help up north for my (now) 7 yr old son has been amazing!

  • Melissa 2 years ago

    I can't find Zakh on Facebook.. can you help me? I too have had issue with IEP in Florida... WHY won't they give them to our kids?

  • Carolear 2 years ago

    Look under Zakh (spell it right) autism...find the facebook page.

  • rochelle 2 years ago

    i don't know anything about the laws in your state, but it sounds to me like everyone around zakh has failed him. when you have your court date, have every piece of documentation, iep, police reports, journals (how he acts at home vs. how he acts at school), psychologist reports (past and present). bring pictures or video of zakh displaying calm playing with others behavior, show a non violent side of him. try to show the court that this behavior is NOT your grandson, that it's only in certain situations that TRIGGERS this type of behavior. remind the judge that autism is now a 1 in 110 (1 in 70 for boys) child diagnosis and if this problem isn't handled appropriately, he will (and psych wards) will be inundated with these types of cases. talk to his md about possible medication that could be tired and see if the md would write the court a recommendation of treatment for the child. if all else fails maybe consider moving (easier said than done).

  • OKDebra 2 years ago

    The state cannot do LESS than the federal law has stated in IDEA. If you haven't already, check out wrightslaw.com. They have violated so many areas of IDEA that it is NOT even funny. They have failed this child miserably! Section 1400(d) of IDEA states: "to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living." Based on one incident, you cannot judge whether or not YOU feel this child belongs in the public school environment!!

  • interesting 2 years ago

    Free Autistic 11 year old Accused Felon Zakhqurey Price!! Beard Elementary School phone # 479-646-0834. It's time to call or email Pam Siebenmorgen, "Principal" and tell her to drop the Felony charges against 11 year old autistic Zakhqurey Price!! Here is Pam Siebenmorgen, "Principal" email. psiebenm@fortsmithschools.org

  • califmom 2 years ago

    I am so sorry about what is happening with Zakh. My first impulse was to advise a move to California, except that it took a tragedy to get our son "into the system" here. Confusion over his behaviors and needs led to a CPS report, and he was removed for several months. This forced separation, during which he was subjected to a neglectful and abusive foster home, greatly worsened my son's condition. The only good thing I can say about family court here is that they answered my plea that he receive services and advocated on our behalf to get him in our Regional Center system. Now he is home and doing much better. I am pleased with his services.

    What I hope for Zakh is that a judge will see right through all this nonsense and will help his family out of this terrifying and unfair maze he is in. There is no guarantee of that. And the outcome might not have been so good for my son had he not had special education attorneys battling for him and educating the other attorneys involved.

  • califmom 2 years ago

    I am so sorry about what is happening with Zakh. My first impulse was to advise a move to California, except that it took a tragedy to get our son "into the system" here. Confusion over his behaviors and needs led to a CPS report, and he was removed for several months. This forced separation, during which he was subjected to a neglectful and abusive foster home, greatly worsened my son's condition. The only good thing I can say about family court here is that they answered my plea that he receive services and advocated on our behalf to get him in our Regional Center system. Now he is home and doing much better. I am pleased with his services.

    What I hope for Zakh is that a judge will see right through all this nonsense and will help his family out of this terrifying and unfair maze he is in. There is no guarantee of that. And the outcome might not have been so good for my son had he not had special education attorneys battling for him and educating the other attorneys involved.

  • me 2 years ago

    are you kidding me..?? Tell the principal to drop the charges..???!!!!! Anyone with half of a brain cell knows Prosecutors are the ONLY ones that can charge any one. If you're going to "steer" people to be mad at someone, it's not the Principal .. it's the Prosecuting Attorney..!!!!!!!

  • califmom 2 years ago

    I wrote to the principal and explained a more rational approach to helping this young man. I don't think that is uncalled for. She or someone on her staff violated this young man's rights under IDEA. This case is getting a lot of attention among my friends in Southern California -- and I hope nationwide. Sure hope legal help (from big name attorney) is forthcoming, and that that help is knowledgeable about the rights of children with special needs. Are the local TV stations involved?

  • Carolear 2 years ago

    Everyone...we need your help. Go to Zakh's website and see the VICIOUS EMAIL sent to thousands by a prominent LOCAL TV REPORTER!
    And he hadn't even talked with me!

  • Carolear 2 years ago

    I've just learned that it is true that the prosecuting atty files the charges. But the good ol boy system, you want something just ask.
    Course I'm a California transplant and outsider even though we have lived here for 12 yrs.

  • Kim 2 years ago

    This is outrageous! One more strike against public schools in my book! WTH are they thinking?

  • Carolyn 2 years ago

    Actually folks should be contacting the prosecutor in this case. This child needs assistance for his challenging behavior but that will not come from untrained school personnel, police that don't understand ASD, and further the judicial sector that feels mental health treatment is perhaps an only answer.

    What failed this child however upfront was support for the family to ensure he is getting appropriate services.

  • Carolear 2 years ago

    I just found out today that the PRINCIPAL ordered the officer to arrest Zakh! He had to call his supervisor on where to take him.
    One dishonest statement after another, and she looks you in the eyes when she lies!

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