Girl, 8, charged with battery

January 13, 2009

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Posted: Tuesday, Jan 13, 2009 - 10:05:48 am PST

By CONOR CHRISTOFFERSON

Staff writer

SANDPOINT — The parents of an 8-year-old girl with special needs say

their daughter was handcuffed, arrested and charged with battery

after a Friday incident at Kootenai Elementary School.

The family is not being identified because of the girl's age.

The girl suffers from a neurobiological disorder called Asperger

syndrome, which causes her to have " episodes " of disruptiveness,

according to her parents. The girl's father admits the episodes can

be alarming, but said they are not violent.

Without identifying the girl or her family, Lake Pend Oreille School

District Superintendent Dick Cvitanich said law enforcement officers

removed a student from school Friday for spitting on and

inappropriately touching two staff members.

" The student lost control and there was a safety plan in place for

that student. As part of that safety plan we are to call the police

if the individual is aggressive to any staff member, " Cvitanich said.

The girl's parents said they were not aware of, and did not agree to

any plan that would call for their daughter to be arrested if she

misbehaved.

The girl is being charged with battery and has a preliminary hearing

today, according to her parents. The parents have contacted a lawyer

to discuss a possible lawsuit against the school district.

Cvitanich said the school's principal acted in accordance with the

agreed-upon plan and said the first priority in any situation is to

keep students and faculty safe.

" The school district followed the plan that was in place and we have

a responsibility to the safety of the student, to fellow students and

to the staff in the building. When a principal makes the decision to

call the police, they feel the situation has escalated to the point

where assistance is needed, " he said.

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