BENTONVILLE — A Rogers attorney vows to keep a one-day school suspension off the records of a 5-year-old boy, who garnered the punishment for using a profanity in school.
Ken Swindle filed a lawsuit in Benton County Court on Tuesday afternoon against the Rogers School District and Anita Turner, Northside Elementary School principal.
Swindle said he learned earlier Tuesday morning the boy was given a one-day suspension for using the four-letter profanity.
AT A GLANCE
Suspension Policy
In the Rogers School District, the principal or assistant principal of any school may suspend any student from the school, for good cause, for no longer than 10 school days.
According to district policy, within three days, written notice of any suspension must be hand-delivered to the parent or guardian or mailed to the student’s address. Parents may appeal suspension decisions to the principal, then the assistant superintendent and the superintendent before appealing to the school board. Appeals must be filed in writing within five days of the previous decision.
Source: Rogers School District
Swindle claims Anita Turner asked for the boy to be picked up from school immediately to serve the suspension. Swindle said the punishment was an overreaction to the situation, according to court documents. Swindle believes an appropriate punishment would have been placing the child in timeout.
The boy was picked up from school as requested. The boy was removed from his classroom and served basically a half day of in-school suspension waiting to be picked up, Swindle said.
Swindle was not sure where the boy first heard the word, but Swindle said he’s certain the child does not understand the meaning of it.
“That’s part of sending a child to public school, or any school, because they will hear things,” Swindle said. “That’s just part of it, unless you want a child to live in a bubble. I just think their reaction is completely overblown.
“You don’t leave a permanent mark on a child’s school record for using a word that he doesn’t understand.”
Swindle said he understands the lawsuit cannot prevent the suspension. His concern is the suspension being included on the boy’s school records.
"We expect all of our students K-12 to use appropriate language and when inappropriate language is used there are consequences," said Janie Darr, school superintendent.
“They can’t undo the suspension, but they can undo the mark on his record,” Swindle said.
The lawsuit requests a court order the Rogers School District to have a full hearing on the suspension. Swindle wants each school board member to hear the case, and then vote to decide whether a suspension is appropriate for the child.
The case is assigned to Circuit Judge John Scott.