Tag: safety plan

The family of a Fort Worth middle schooler who was assaulted at school plans to appeal their case to the state education commissioner after the Fort Worth school board ruled against them Tuesday night.

Chris and Tuyen Kamo, the parents of an autistic student at McLean Middle School, brought a bullying grievance before the board after they say another student punched their son repeatedly, causing bruising that lasted for weeks.

Chris Kamo told the Star-Telegram that his son was assaulted by another student last spring. On the afternoon of April 15, several students, including the Kamos’ son, were in the school’s auditorium for a rehearsal for the school play. There were no adults in the room because the drama teacher was on leave and the substitute hadn’t arrived from another campus, Chris Kamo said.

The Kamos’ son was working on his school laptop when another student approached him “in an intimidating manner,” Kamo said. The Kamos’ son got up and tried to leave the room, but another student blocked his way, he said. The student who Kamo’s son was initially trying to avoid began punching him. Rather than fight back, Kamo’s son fell to the floor crying, Kamo said. The incident left his son with bruises on his arms, shoulders and midsection, he said.

The board voted 6-0 to uphold a previous decision from district administrators that the incident was inappropriate and required intervention, but didn’t meet the definition of bullying. Trustee Michael Ryan abstained from the vote. Trustees Roxanne Martinez and Quinton Phillips were absent from the meeting.

Before the vote, board member Kevin Lynch encouraged the family to “continue to communicate with the administration regarding the needs of their son.” He added that he also expects district leaders “to continue monitoring this matter proactively.”

Under Texas law, parents and school staff members who want to bring a complaint against their school district must first file a grievance with the campus principal, then a district-level administrator, then the school board. If the family has exhausted that process and still hasn’t had their case resolved, they may appeal to the state education commissioner. The Kanos said they plan to appeal the board’s decision.

A district spokesperson didn’t return requests for comment Tuesday evening.

David’s Law lays out definition of bullying in Texas schools

Texas state law defines bullying as harmful actions by one or more students toward another student that takes advantage of an imbalance of power. That definition is laid out in David’s Law, which is named for David Molak, a student in Alamo Heights ISD who died by suicide in 2016 after prolonged bullying at school.

In its complaint, the family requested that the district formally identify the incident as an act of bullying and report it to law enforcement, and put a safety plan in place for their son. Kamo said district officials at various stages of the complaint process refused to acknowledge that the situation constituted an act of bullying, saying there was no imbalance of power involved.

Chris Kamo disagrees with that determination. His son’s autism makes him unable to communicate his fear and concern for his safety verbally, Kamo said. The incident also involved two students against Kano’s son, he said, which is inherently a power imbalance. District leaders have agreed to create a safety plan for the boy, but haven’t acknowledged that the incident constituted bullying or referred the case to the police.

Besides filing a complaint with the district, the family notified the Fort Worth Police Department about the incident. Two officers took a statement from the boy and told his parents they would turn the case over to the campus’ school resource officer, he said. Chris Kano said he hasn’t been contacted by the school resource officer, despite the fact that the family told police they want to press charges against the other student.

Tuyen Camo, the student’s mother, said her son doesn’t understand why the lengthy grievance process is necessary. Like some people with autusm, her son tends to be very matter-of-fact, she said. In his mind, the facts of the case are clear, she said, so he doesn’t understand why district leaders can’t simply acknowledge that what happened to him was an act of bullying.

“He feels that they don’t care enough about him to want to protect him,” she said. “He just feels marginalized.”