When is a public playground not public?
When it is not available to the public. Falmouth has just one public playground and the actions of the school tend to put the definition of “public” in question.
Nine-year-old Jan Rankowski became suspicious when a teacher’s aide began following him around with a clipboard at this small town’s only public playground.
The aide talked to Jan’s playmates and took notes on his behavior, said the home-schooled boy, who has autism.
Then, Jan’s suspicion turned to anger when Falmouth school officials barred him last fall from using the playground during the day. They said he undermined adults, used unacceptable language, and played aggressively with other children, including pushing a first-grader too hard on a swing.
Jan’s parents, Charles A. Rankowski and Gayle Fitzpatrick, have filed a lawsuit in Cumberland Superior Court claiming the school is discriminating against him. Jan suffers from Asperger’s Syndrome and is a highly functional autistic.
The school disagrees, claiming Jan is insubordinate and “presented ‘emotional safety risks to the other children”. According to Falmouth’s Plummer-Motz elementary school Barbara Powers, the school has authority over the public playground during school hours.
As a home-schooled child, he doesn’t get to interact much with other children. Jan, who has a brown belt in karate, likes to play tag with other children and run through the playground’s maze.
Fitzpatrick, who works as an information specialist at the Autism Society of Maine, took her son out of the district two years ago because of concerns that the school was failing to address his needs.
…
“It doesn’t make sense to take someone who already has challenges with social interactions and further isolate them by prohibiting them from playing in the playground with other children,” said Stephen Shore, president of the board of the Asperger’s Association of New England.
More importantly to my way of thinking is what gives the school control of a public playground? Either it is public and there for the use of the public at large or it is not public. The article is not exceptionally clear on this point but it looks like the playground is at the school and home schooled students are permitted to use it under the sufferance of the school administration.
Fitzpatrick said Jan had used the playground for a year without any problems, but she became concerned last fall after other students called her son names, such as “crazy.” Fitzpatrick said she or a home-school aide was always watching him at the playground, but neither initially suspected he was being observed by the school.
After the complaints, Powers decided to place an additional public-school aide on the playground to help monitor the school-yard disputes. The aide also was instructed to take notes on the boy’s behavior, although his mother was not informed about the observations.
In an interview last week, Powers said the increased supervision of Jan’s behavior revealed problems with aggressive play, including throwing rocks, and defiance of authority.
The teacher’s aide noted that the autistic boy jumped off a bench the wrong way, walked away from a game, refused to greet an aide, cursed at the staff, and reported that someone was spying on him, according to court records.
A shy kid who refused to speak to an adult stranger? A child who walked away from a game? A kid who says said somebody is spying on him when that is exactly what they are doing and their own documentation proves this? This is unusual? Exactly how does somebody jump off of a bench ‘the wrong way’?
The family’s lawsuit includes school records of other students’ misbehavior at the playground, including an incident in which a student brought a knife to recess and another kicked a peer. Both lost recess privileges for three days.
Jan is suspended from playground privileges until he submits to a comprehensive evaluation. His parents refused this as they fear such would be used to further discriminate against him. Given the school’s performance I can’t blame their caution. It is obvious that Jan is being held to a harsher set of criteria, requirements and punishments and that’s the essential definition of discrimination.
(Tip credit to Joanne Jacobs)
That’s out and out bullshit. The school has no authority over that kid, so they bar him from the playground. I hope Jan and his family win against those Nazis.
Asperger’s isn’t really autism in the commonly thought-of sense. That is like calling a common cold “the flu.” Not quite a perfect analogy, since there are different causes, but many people with Asperger’s live most of their lives before being diagnosed. When people hear “Autistic,” they think Rain Man.
That is a complete tangent and doesn’t have much to do with the article.
I just want to know since when being on public property is a “privilege” as opposed to a right.
I think he has a right to be on the playground, but it sounds like he may be a safety risk, and what if he injured some other kid? Whether he is or is not disabled, or has Aspergers or not, it seems to me that he needs more attention then others. Someone, preferably one of his parents, should be responsible to try to prevent him from causing inujry to himself or others.
It’s easy to pound your fist and demand rights, but look at it from the school’s or the taxpayer’s view. They don’t want to be sued for injuries, which in today’s climate, is not a remote outcome.
Jed, either his mother or a home-school aide was always with him at the playground. He was not unsupervised.
This a note from Maine. The judge declared the school did not discriminate. The details the judge wrote are an injustice. I can’t quote for quote but basically the judge stated he is a threat to society. We just spent the day the beach with Jan and his mother and had a delightful day. This just pushed disability rights back 100 years. I’m scared for my daughter who also has Aspergers’ Syndrome.
This child is a menace. I had the occasion to see him interact with people….including young children recently. His mother says he is highly functioning…she is obviously lying to herself and others about his functioning. She may have been near, but she didn’t by any means get involved when he started trouble. I feel sorry for this kid, but something has to be done and not at the expense of other children’s welfare
Maybe its time for the public to get informed about this disease. And why should Jan be banned because other kids parents dont understand him or the situation. Maybe Anne should read up on this and then make a statement. Are you saying that all kids that misbehave should be banned from the playground or just the disabled? Maybe Jan doesnt understand when an adult not educated tries to talk him because they use too many works. I hope Jan does get to play its the best thing for him. I wish the Family the best of luck .
If a child were in a public park’s playground, and behaved the same way, I don’t think anyone would argue that s/he had the right to play there. The difference is, I think, that during school hours the school is responsible for supervision on that playground; hence, the likelihood of being sued should something happen on it. Children with special needs sometimes have extra personnel to assist with supervision for the sake of safety, both their own and that of other children. It would seem that if a child had a diagnosis, or if the need for additional and/or quality playground supervision were ascertained, it should fall on the District to determine THAT need and the court decision should be based on who ends up paying for it, perhaps. In short, I feel, the answer shouldn’t fall into go let’s go put them on an island somewhere. The answer should be compassionate, inclusive, progressive, social, child-centered, etc…
Firstly, Aspergers is a neurological disorder, not a disease. Secondly, I wonder if initially, the school was discriminating against homeschoolers rather than a child with Aspergers. I am not familiar with a lot of Aspies, but my son has AS, and no one would be able to tell unless I told them or they got to know him extremely well. I know that all children are different, but I believe it would be more obvious that a child who was not attending their school was playing on their playground than a child with AS was playing on their playground. It is a very subtle thing in most cases, and not usually obvious to someone who doesn’t have intimate knowledge of the child. I could be wrong in this case. I don’t know this child. Either way it would be descriminating, but I think in this politically correct society, it would be more “acceptable” to be against the homeschooler than to be against a child with a developmental disorder - IF they even had a clue he has a developmental disorder. I have run across many people who are openly against homeschooling to me, but no one who is openly against my child because of AS. Just a thought.
The issue I have yet to see adequately addressed is whether the playground belongs to the school or to the township. If it belongs to the school, or if the school leases it exclusively during the schoolday, the school officials should have the authroity to exclude those who are not enrolled in that school. Otherwise, many liability and responsibility issues exist.
I have also read that the school was willing to provide an education, but the parents felt that homeschooling was the most appropriate course. Do you see a problem with people who want to eat their cake and have it, too? Why not take the child to the playground with other children AFTER school hours?
I have AS (I’m an adult) and I feel bad for Jan.
Actually, if you look at most 9-year old boys, there is a lot of roughhousing involved in their play. None of the incidents mentioned sound at all out of the ordinary for this age. Not even something ‘menacing’ like the rock throwing. Just as a comparison, I watched the grade school playground near my house for a few afternoons and saw boys wrestling, chasing each other with sticks, and throwing balls at close range at each others heads and stomachs. I think Jan is certainly being singled out because he has a neurological disorder that manifests in behavioral differences. It’s easy to feel sorry for a kid in a wheelchair or who is obviously physically different or badly mentally disabled. But people with AS look ‘normal’ and are often highly intellgent. We just have problems with social interaction and sensory overstimulation. As Jan gets older he will, like most of us, develop coping strategies, but right now he’s socially retarded, more like a preschooler than a middle schooler in his ability to control himself. He does need adult guidance, but he also needs to interact with other children or he will never be able to develop the skills he needs to be around other people. As I child I self-isolated, and now as an adult I find even simple interaction extremely stressful, difficult and confusing.
I hope Jan’s parents figure something out for him.
As the mother of a Mentally Retarded son (political incorrect I know) I am appaled that the parents of Jan Rankowski, think everyone should bend the rules for him! Give me a break! Jan is disruptive, obnoxious, and a possable danger to others and should be baned. The parents need to home school him and tend to their childs needs, not everyone else.
They sound like gold diggers to me. Linda in California
Wow “Linda from California”, you were right! You are politically incorrect. When addressing a person who is “mentally retarded”, you need to use a person-first approach. This approach would be…a child with intellectual disabilities. You want to be careful not to characterize a person with disabilities by their disability. Having ID (intellectual disabilities) is only one part of that person (even if that is all that you see). Thank you…
All of you might not understand what this disorder really is…do you understand what goes through a childs mind that has Autism or a Spectrum disorder? Or do you not care?
Oh, BTW…next time you say that an Autistic child is dangerous…think again.
And I understand what Lew is saying. As a 17 year old with ASD, I was never allowed to play with my peers…they kept me inside all day long. Now, being in High School (YES, Public School….)I understand the way some people work…that does NOT mean I understand EVERYONE. I have friends, I have a life…but for G-d’s sake…give the child a break
Per your comments Betty Brown:
Does saying “having a SON with mental retardation” sound more Politically correct?
I call it like I see it, my son is mentally retarded.
Because I put “mentally retarded” befor “son”, somehow makes me “notice the retardation befor the son”. You liberals need to get a life. Linda …with the retarded son in California
o.O…..nice
Whatever……
I feel SORRY for all of you…..really….you make me sad
Why are you sad, Kristin? There has been one unsure comment and one negative comment. All of the others have been supportive of this child to one degree or another.
I feel that this is NOT being supportive……
But…go on….
I am just tired of this *censored* happening….it happens in my OWN school district…..
P.S.: The *censored* part is onmy own accord…so think anything
Linda from California,
I have been searching for you this is Kayla’s mother please contact me asap
Shysti@hotmail.com
I have a son with AS. I wish that the people who want to ban these kids from the so called “normal” student population would educate themselves on this disablity. These kids aren’t dangerous, nor are they a mence. All kids fight, throw rocks and are rude to adults. The only difference with AS kids is that they do all of this in front of adults and don’t “sneak” and get away with it like the rest of the students. I wish half of the jerks we have to deal with (ie teachers, prinicipals, superintendents ect.) had some type of clue as to what these kids go thru everyday along with the parents. If they had to raise a child like this, they would have a whole different approach. I wish the best of luck to any parent with a child with a special need. Hopefully some day our children will be treated equally.