Thursday, May 15, 2014

MCSD seeks to remove violent student from middle school.

The Madison County School District went to court to protect students and employees at Madison Middle School from a (allegedly) violent student.   U.S. District Judge Dan Jordan, III issued a temporary restraining order (TRO) in April against student "X.N." after he ruled the student committed many acts of violence and was "certain" to cause further harm to others.  The district claimed the student suffered from deafness and "certain disabilities" as he became a "danger to school personnel, other students, and himself." 


The complaint states X.N. is a fourteen-year old boy who is "deaf, emotionally disturbed, intellectually disabled, having" ADD.  He enrolled at Germantown Middle School last August and shortly afterwards transferred to Madison Middle School for a  more "structured environment."  X.N. apparently engaged in more violent behavior as he "assaulted school employees and fellow students on numerous occasions, caused physical harm to school teachers, assistants and fellow students, has been generally defiant of school authority..."  The complaint claims he has punched, kicked, bit, scratched, and spit on those around him.  The district argued his violent behavior is escalating and even chronicled his violence:

punched others: 191 times
scratched or pinched others: 114 times
Headbutted others: 15 times
Bites others: 26 times.

X.N. "struck school personnel multiple times in the face and nose and stomach causing bruising and swelling." He even stabbed with a pencil.  The district removed the student for ten consecutive days when the petition was filed.  Unfortunately for the district and Madison Middle students, the guardian fought changing his placement at Madison Middle School.  Due process would take several weeks.  The child would "stay put" under IDEA law until "an impartial hearing officer can hear both sides and make a ruling."  The law apparently states a child must remain at the school in question until the placement dispute is resolved.

The district argued the child is violent and asked the court to bar the student from the school until a final determination to his education could be made by a hearing officer.  The district stated it would be willing to educate the child "at home" at the district's expense. The affidavit of X.N.'s teacher is posted below and describes X.N.'s alleged violent nature in more detail.

U.S. District Judge Dan Jordan, III issued the temporary restraining order against X.N. Judge Jordan said keeping X.N. in school would "likely" cause further injury to those around him. The court stated:

The District documented the instances and recorded each hit, kick, bite, etc., all of which numbered in the hundreds. Some required medical attention. He has likewise threatened to shoot school personnel. All of this occurred while X.N. was in a class with seven other special-needs students and six adult employees of the District (three of whom are there expressly for X.N.). And while his guardian takes issue with the number of assaults the District recorded, she and X.N.’s mother acknowledged that he can be physically aggressive and that this is consistent with his diagnosed disabilities.

5. There exists a substantial threat of irreparable injury if the injunction is not issued. Given the frequency with which these attacks have occurred, further injury seems to be a certainty...

The court also sealed the motion for the TRO and the affidavit upon request by the district. Judge Jordan renewed the TRO as the parties discuss a settlement. The court stated it will make a further determination at the end of May.












25 comments:

Anonymous said...

Very sad.

Anonymous said...

kid needs placement in a mental health facility that Mississippi doesn't have, so they warehouse him in a public school to prey on other kids. that's what is sad.

i'm not a robot. I can't read the most of the gibberish needed to comment...now on fourth attempt... fifth attempt GD I'M NOT A FRICKIN ENCRYPTION EXPERT

Anonymous said...

5:14....I have thought the same thing many times! It's not like we are hacking the Fort Knox vault!

Anonymous said...

"The district claimed the student suffered from deafness..."

I guess my first question--Is this student deaf? Can he communicate with teachers (sign language, read lips, etc.)? If they cannot communicate, the kid needs to be in a school that can communicate with him (school for the deaf, etc.).

To me, everything else is secondary until that one thing is established.

Anonymous said...

Even if a robot could reply, what would it say (??)
"Take Me To Your Leader" ???

By the way, for the past number of days, mine has a long string of numbers, followed by a short group of numbers, no more letters.

Anonymous said...

The letters are back. It takes me at least three attempts and I'm damned good at cyphering.

Anyway; who gives a shit if the kid is deaf. If he assaults people, everything else is secondary to THAT, you tool.

The Libertarian said...

The best way to stop this kid assaulting someone is for the victim to assault back...hard.

Anonymous said...

The needs of the other students outweigh the needs of this "problem child".

Good job to MCSD for taking the action to have him removed. But, WTF took so long? He's been tearing shit up all year !!

Bad deal, but we can't "fix" everybody. This kid ain't gonna make it.

Anonymous said...

7:03,

No, that isn't the best thing for the student.

My question is why is he not at MSD? They have the facilities and personnel qualified to handle deaf children with additional disorders. Unfortunately, this type of behavior is, while not common, not entirely unheard of. Local schools usually do not have the infrastructure in place to handle kids like XN. MSD does.

Anonymous said...

7:03's moral disability is as disturbing as this student's mental one.

Alpha Storm said...

This is what happens when you merge Flora kids with Madison kids.

Anonymous said...

If they could just catch him in the act of pointing his finger as if firing a gun. He'd be gone in a heartbeat.

Restraint Chair said...

The acronyms are killin' me! Hell, go ahead and turn him over to Madison S.O. - He's gonna wind up there anyway.

You people remind me of those who come out of the woodwork in defense of Pit Bulls every time a child is mauled.

Anonymous said...

1- parents and guardians often deny how awful their children act. even as they work the farm in Parchman

2-was he moved for mct scores?

Anonymous said...

It states in the documents that he was at MSD but was removed due to accusations of abuse. I take that to mean he accused teachers/staff there of abuse but it could mean due to him abusing others.

Anonymous said...

This kid definitely needs to be removed, that's obvious. When I was in high school (almost 15 years ago now), if you threw a punch...you were suspended. If you did it twice - you were expelled. It seems like the district did its job by documenting incidents very well.

I guess the question is now - what to do with him? It's a sad situation because the parents probably didn't have a clue of what to do when the kid was younger...which just escalated as he got older. Adolescence is hardly the time to effectively correct behavior. Really is a tough situation.

Reminds me of that quote from the movie Big Fish - "It was that night I discovered that most things you consider evil or wicked are simply lonely, and lacking in social niceties."

Anonymous said...

There should be zero tolerance for this. How much are the children being abused supposed to endure?

http://chicago.cbslocal.com/2014/05/16/dad-gets-restraining-order-against-5-year-old-accused-of-bullying-daughter/

Anonymous said...

did i read this correct, had 3 staff in the special needs section just for him? insane, having the program is the root issue, this is not the role of government education for the masses.

Anonymous said...

Well, 9:13, if education is not for the masses, then exactly who is entitled to an education and who is not?

Anonymous said...

'Education', as envisioned by 'the founders' is for the educable who pursue it as a goal. As generous and kind-hearted as it may sound, education is not to be funnelled into a hole drilled into the head of an unwilling and maladapted subject of society.

Anonymous said...

Pray tell, how does one teach " morality" to the uneducable?
How does one equip parents with limited skills and resources ( especially if both have to work to keep the rest of the family eating) to deal with children born with extreme disabilities?
A public school system is not the answer as it's primary job is to well educate those who can learn and achieve.
These children grow up to be adults. Their parents die.
It should be patently obvious that it's in society's interest to come up with a solution before the disturbed child becomes a disturbed adult.
But, instead of trying to find solutions, we are reacting to the behavior once it becomes obviously destructive to others.
How's that working?
Don't like the cost? Pay now or pay more later.

Anonymous said...

"How does one equip parents with limited skills and resources ( especially if both have to work to keep the rest of the family eating) to deal with children bo

I dunno - ask Helen Keller's parents.

Anonymous said...

Get real, 7:08...Our entire society is built around the concept of 'reacting to behavior once it becomes obviously destructive to others'.

Anonymous said...

Hannibal Letter mask and a taser should make him obey.

Anonymous said...

Hey Kingfish, any update on this? Did the judge extend the restraining order? Any word in the court record where this child will be next school year?

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