Parents of Autistic Child File Lawsuit
The parents of a 5-year-old boy with autism, who was charged with felony assault in Tennessee, have decided to take legal action after a school administrator wouldn’t relent.
The boy attended H.B. Williams Elementary School, where staff were informed of his special needs.
The parents expressed that they had requested behavioral support, which is required by federal law, but officials did not comply and mentioned they would compile their own evidence.
Eventually, the school agreed to assign an aide after multiple incidents where the boy had pushed and thrown things at other children. However, the parents feel this support was provided too late.
“If you don’t provide the necessary support, you ultimately end up denying rights to not just the child but also potentially putting other children at risk,” said Justin Gilbert, the family’s attorney. “This case highlights the significant repercussions of failing to offer adequate interventions and special education resources.”
The school resource officer charged the child with felony aggravated assault, but a judge dismissed the charges in court in April, stating the child was not competent to stand trial.
In a surprising twist, two parents of the boy’s classmates, one of whom is an assistant principal in Sumner County, filed their own petitions against the child.
Gilbert called the situation “somewhat unusual.” While one petition was dropped, the other from the school official proceeded.
The plaintiffs labeled this action as “pure vengeance” against the child and his family.
“Using legal measures to penalize parents for the actions of a child who is just five years old and still requires support—it’s simply not the right approach,” Gilbert stated.
The parents are pursuing a lawsuit against the school district, claiming violations of the Americans with Disabilities Act and other federal laws.
“Sometimes, you need to stand up for your kids. It’s like punching back at the bully, which is exactly what these parents are doing,” Gilbert added.
Local news outlet WKRN-TV attempted to reach out to Sumner County Schools, the district attorney, and the assistant principal for comments.
